The term attorney is an abbreviated form of the formal title “attorney at law.” An attorney is someone who is not only trained and educated in law, but also practices it in court. A basic definition of an attorney is someone who acts as a practitioner in a court of law.
In the United States, the terms “lawyer” and “attorney” are often used interchangeably. For this reason, people might wonder, “are an attorney and a lawyer the same thing?”
Though in everyday speech these terms might refer to the same person, there are distinctions that law students should be aware of.
Like the distinction between the definition of lawyer vs. attorney, the differences between the roles and duties of the two professions are important to understand. Both are formally trained and educated in law, but how someone uses their education and training is often a key difference between attorney and lawyer.
Though a lawyer is someone who has completed law school and passed the bar exam, you don’t have to practice law in court to be considered a lawyer. Lawyers may take on roles as consultants or advisors. Many choose to practice in a specialized field such as estate law, immigration law, or tax law, where they give legal advice to clients.
As an attorney, you practice law in court. Passing the bar exam is a requirement for an attorney, giving them the right to practice law in a specific jurisdiction. Attorneys are required to abide by a code of ethics and may practice in both civil and criminal courts.
Attorneys, lawyers, and counsel have all been educated and trained in law. As explained above, attorneys must pass the bar exam and practice law in court. Lawyers have also taken the bar exam, and may or may not practice law. Counsels provide legal advice, and often work for an organization or corporation. The terms are often used interchangeably in everyday speech, despite the differences in meaning.
The titles JD and Esq. both refer to someone who has completed law school. JD stands for Juris Doctor, and signifies that someone has completed law school and earned
Counsel. “Legal counsel” is a general term for someone who gives legal advice. Though it is sometimes used interchangeably with lawyer or attorney, it often specifically refers to someone who is trained in law, and works in-house for an organization or corporation.