There is a subtle difference between the meaning of attorney and lawyer. You are a “lawyer” if you graduate from law school. You then become an “attorney” if you pass the bar exam and enter the State Bar Association for the state in which you practice law.
If a lawyer does not go on to become an attorney, then that person cannot practice law in a particular jurisdiction. But if the lawyer does move on, then the person can:
- practice law,
- represent clients in a court of law, and
- render legal advice.
While some lawyers also become attorneys, some do not.
Note that the “attorney-client privilege” exists between an attorney and his/her client. However, the privilege does not extend to lawyers and people they are helping.
The attorney-client privilege is a legal privilege that makes the communications between attorneys and their clients privileged and confidential.
1. What is the definition of an “attorney”?
Attorneys are legal professionals who:
- complete law school and earn a Juris Doctor degree (or “J.D.” degree),
- pass the bar examination, and
- become a member of the State Bar Association for the state they practice law in.1
The formal title of an attorney is “attorney at law.”
Attorneys are free to perform a wide variety of legal roles and tasks. For example, they can:
- provide legal representation to clients in a court of law (this includes representation in both civil and criminal legal proceedings),
- render legal advice to clients,
- act as consultants to businesses or people to assist with legal matters,
- interpret legal documents for clients, and
- help clients execute agreements or contracts.2
Note that most attorneys either practice across a variety of practice areas, or they specialize in one field of law (for example, intellectual property, family law, personal injury, or real estate).
Attorneys can either practice on their own as solo-practitioners, or they can practice as members of a law firm or law office.
2. How are “lawyers” defined?
Lawyers are professionals that succeed as law students and earn a law degree from an accredited law school.
Unlike attorneys, however, they do not ncessarily go on to take or pass the bar exam or become a member of a state bar association.
If a lawyer does not move on to become an attorney, he/she is not authorized to:
- provide clients with legal advice,
- represent clients in court, or
- interpret state and federal laws for clients.
But a lawyer can do so if he or she passes the bar and becomes a member of a state bar association. So while some lawyers may not be licensed to practice law, some of them are.
If you are a lawyer and do not go on to become an attorney, you can still work under a licensed attorney.3 However, if you engage in the practice law and provide legal advice, you could face criminal charges.
3. What are other terms lawyers or legal professionals use?
In addition to “lawyer” and “attorney,” there are other terms attorneys or professionals use for people associated with the legal profession. Some of the most popular include:
- esquire: This is an honorary title for a person who is licensed to practice law by his/her state bar association. Esquire is often abbreviated as “esq.”
- counsel: Legal counsel is a general term for an attorney.
- solicitor: Solicitors are professionals that practice law and provide legal services in the United Kingdom.
- barrister: This is another term for legal professionals in the United Kingdom. In contrast to solicitors, barristers often have to complete a specific set of educational and training requirements.
4. What does “attorney-client privilege” mean?
The attorney-client privilege is a type of evidentiary law in most states that makes the communications between attorneys and their clients privileged and confidential.
In particular, most state’s attorney client privilege laws say that:
- a client does not need to disclose any confidential communications between him/herself and his/her attorney that take place within the lawyer-client relationship, and
- the client may also prevent the attorney (or another third party) from disclosing such confidential communications.4
The purpose of these rules is to help attorneys and clients furnish and obtain legal advice and assistance.5
Note that there are some exceptions to the attorney-client privilege. For example, the privilege does not apply to any communications between a client and his/her attorney that are made in order to enable someone to
- commit a crime or fraud, or
- plan a crime or fraud.
While the privilege exists between an attorney and a client, it does not extend to lawyers and people they may be helping.
Legal References:
- Note that a state bar association is not the same as the American Bar Association (ABA). Attorneys are not required to become a member of the ABA.
- See, Black’s Law Dictionary, Sixth Edition – “Attorney.”
- See ABA website, “Comment on Rule 5.5: Unauthorized Practice of Law; Multijurisdictional Practice of Law.”
- See, for example, California Evidence Code 954.
- Black’s Law Dictionary, Sixth Edition – “Attorney-client privilege.”
