What is the Difference Between a Lawyer and an Attorney? Most people often ask the question, What’s the difference between a lawyer and an attorney? The terms lawyer and advocate have one critical difference: anyone who graduates from law school is a lawyer.
That doesn’t automatically mean the same thing as becoming an attorney under US law. In other words, while all attorneys are lawyers, not all lawyers are attorneys.
What is the Difference Between a Lawyer and an Attorney?
In general terms, a lawyer is a professional who is qualified to provide legal advice and represent individuals and organizations in legal matters. An attorney, on the other hand, is a lawyer who has been admitted to practice law in a particular jurisdiction.
To practice law and become an attorney, a lawyer must pass the bar exam and become a member of a state bar association. This exam covers a broad range of legal topics, such as constitutional law, tax law, wills, criminal procedure, torts, contracts, real estate law, and many others. In other words, the bar examination is professionally in their jurisdiction.
Who is a Lawyer?
The word “lawyer” has Middle English origins, referencing a person with a law education and training. A lawyer is a person who has completed law school, obtained a JD degree but has not yet passed the Bar exam.
If a person has not yet passed the bar exam in the state in which he or she wishes to practice, he or she will not be able to represent clients in a court of law. To practice law, provide legal advice, and represent a client in a court of law, you are required to pass the bar exam.
If a person has not yet passed the bar exam, while he or she can provide legal information, he or she cannot interpret the federal and state laws to clients about their legal matters. Lawyers can work in a law firm under a licensed attorney or as part of an externship for learning experience.
This is a path most graduates take before passing the bar exam. The exam itself is very demanding, takes a lot of preparation, and usually lasts for two or three days.
Who is An Attorney?
The word “attorney” has French origins. It originally meant acting on others’ behalf as a deputy or agent. Nowadays, the meaning of the word has deviated slightly from that, but not by far.
An attorney, abbreviated from attorney-at-law,” is a lawyer who has graduated from law school, passed the state bar exam, and can legally represent clients, practice law in court, take part in other legal proceedings, and offer legal advice directly about their client’s situation. They can also work as consultants for companies and individuals, just like regular lawyers.
So what is an attorney’s duty as part of a bar association? As its members, attorneys must comply with rules of professional conduct and a code of ethics to practice in court for both civil and criminal cases. The word “bar” itself, in the context of legal proceedings, comes from Middle English as well. It refers to the physical bar dividing a courtroom, at which law practitioners would speak.
Difference Between a Lawyer And An Attorney
The key distinction between these two professionals is the way they use their education. An attorney has taken and passed the bar exam, while a lawyer may or may not have completed this exam. The bar exam is administered by the state’s bar association and includes questions that test knowledge of state-specific laws and general legal principles. The exam typically spans two or three days and takes a lot of time to prepare.
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 may 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. Like lawyers, attorneys are required to abide by a code of ethics and may practice in both civil and criminal courts.
Jobs For Lawyers
Here are some careers you might consider as a lawyer.
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Legal Officer
Average Salary: $80,923 per year
Primary Duties: A legal officer monitors all the legal affairs within an organization, handling both internal and external affairs and concerns. The main duties include providing legal advice, performing research, processing and developing legal documents, and identifying potential risks to the organization.
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Lawyer
Average Salary: $70,294 per year
Primary Duties: Lawyers provide legal advice to others, including individuals, businesses, and government agencies. They may also interpret rulings, regulations, and laws and prepare legal documents.
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Legal counsel lawyer
Average Salary: $128,630 per year
Primary Duties: A legal counsel lawyer provides guidance and advice for a corporation or organization. They serve as the in-house legal compliance resource, as well as aid the member of the organization in all legal-related needs.
Jobs For Attorneys
Here are some common careers you can pursue as an attorney
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Staff Attorney
Average Salary: $69,675 per year
Primary Duties: A staff attorney works for a specific organization as a member of its staff and is responsible for managing the legal services needed by that company. Duties include performing analysis and research of legal issues and laws, providing training for professional development, managing contracts and employment agreement, and protecting an organization’s legal rights.
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Litigation Attorney
Average Salary: $101,920 per year
Primary duties: A litigation attorney represents their clients in court in cases, mediations, administrative law proceedings, and arbitrations. They spend their time preparing to present cases in court, as well as reviewing past cases, preparing paperwork, meeting with new clients, and handling complex legal needs.
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Patent Attorney
Average Salary: $139,559 per year
Primary Duties: A patent attorney helps inventors negotiate for and obtain the legal rights to their inventions. They inform their clients on what is included within their intellectual property and they often draft patent applications. They may also represent their clients in cases of patent infringement.
Roles And Responsibilities of Lawyers vs Attorneys
Like the distinction between the definition of a lawyer and an attorney, the difference between the roles and responsibilities of the two professions is important to understand. As noted, both are formally trained and educated in law. But how someone uses their education and training is often a notable difference between an attorney and a lawyer.
An important designation is that 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 can give legal advice to clients.
On the other hand, an attorney is someone who actively practices law in court. Passing the bar exam is a requirement for an attorney, giving them the right to practice law in a specific jurisdiction. Like lawyers, attorneys are required to abide by a code of ethics and may practice in both civil and criminal courts.
As part of a bar association, attorneys must abide by rules of professional conduct and a code of ethics. The word “bar” itself, in the context of legal proceedings, comes from Middle English, as well. It refers to the physical bar dividing a courtroom, at which law practitioners would speak (for the same reason, “barristers” in the United Kingdom are a type of attorney).
An attorney-at-law can also be defined as a court practitioner licensed by the state to defend a client or prosecute individuals accused of breaking the law.
Conclusion
The process of becoming a lawyer or an attorney can vary from one jurisdiction to another, so it’s important to research the requirements in your specific area. However, most jurisdictions require lawyers and attorneys to complete four years of undergraduate study followed by three years of law school before taking the bar exam.
Frequently Asked Questions
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Are Lawyers Called Attorneys?
they can only be referred to as an attorney after they pass the state bar exam and start practicing law in court.
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Is An Attorney Higher Than a Lawyer?
Yes, an attorney can be referred to as a lawyer but a lawyer cannot be called an attorney. a Lawyer cannot practice law unless they pass the bar exam.
