People assume that the terms “lawyer” and “attorney” are the same, while others think they are completely different from each other. But if we look deeply, there is no special legal statement from the American Bar Association (ABA) that strictly separates the two terms.
But there is often a debate about the usage of attorney vs lawyer; in most cases, both are terms used interchangeably in the US. Still, for someone who is not from a legal background, the small differences and the way these terms are used can make things confusing.
The Common Confusion
The thing is, in the US, people are used to commonly using the term casually in their conversations, like, “I’m calling my lawyer,” but at the same time, these same people who are familiar with a lawyer when they are exposed to official documents and in court dramas, the word “attorney” is used more. So, that’s one of the main reasons people naturally assume there must be a big difference between the two.
But the truth is, in legal terms, the State Bar Associations do not make any separation in definition. Instead, they recognize that both words point to individuals trained in law, but in normal usage, they are convinced that the usage depends on the context, one sounding more casual and the other more formal.
Who is a lawyer?
By profession, a lawyer is anyone who has pursued and studied the law and earned a law degree. A lawyer is someone who has completed their legal education, understands the law, and knows how to interpret it.
But the thing is, just earning a law degree does not mean a law graduate can go to the courtroom and represent a client; it’s not how it works. That person needs to clear the bar exam and get licensed in that state.
You’ve heard things like “He’s a lawyer but not practicing.” It means they have the degree, but either they haven’t taken the bar exam or, by their personal choice, they choose not to actively practice in courts.
Who is an attorney?
The term “attorney” is given to someone who has gone one step further. They not only earn and become a lawyer through education but are also licensed to practice law and represent clients in courtrooms.
They are someone whom the court directly recognizes and appoints to act on behalf of others. These attorneys can directly appear in court, argue client cases, file legal documents, and officially act as a representative for their clients.
This is one of the main reasons why most professional documents and legal statutes denote a legal person as an attorney, a courtroom-focused tone compared to the term “lawyer,” which is basically a casual and general term.
Roles and Responsibilities of Them
- Lawyers may give legal advice, write legal opinions, or work in businesses, academics, or consultancy without necessarily appearing in court. They understand the law, but their role doesn’t always involve active practice.
- Attorneys, on the other hand, carry the responsibility of representation. They stand in court for trial, argue cases, draft legal documents, and legally bind themselves to act for their clients.
So, the terms are connected to roles more than definitions. That is why State Bar Associations don’t waste energy on drawing a strict line. They recognize qualifications, licensing, and practice rights.
People generally don’t think too deeply about these technicalities. One might say, “My lawyer is handling this,” while another might say, “My attorney will call you.” But they both mean the same; they’re calling the legal person who guides them.
But when the context is official, especially in legal documents or court filings, “attorney” is the word that shows up more often.
Key Takeaways:
- A lawyer has studied law and earned a degree.
- An attorney has done the same but also cleared the bar and is officially recognized to represent clients.
- The State Bar Associations have not given a legal declaration on these terms.