Summary
- There’s no meaningful difference between “attorney” and “lawyer”
- Lawyers are sometimes anecdotally understood as only offering legal advice
- Attorneys are often anecdotally viewed as lawyers who can provide courtroom representation
Attorney vs. lawyer: is there a difference? Most people use the two terms interchangeably, assuming that they mean the same thing. But are they right?
The short answer is that, according to many sources (including the American Bar Association), there is no meaningful distinction between a lawyer and an attorney — both terms are used to describe legal professionals who have earned the qualifications needed to formally practice law.
However, many law firms do make a distinction between these two terms. As such, knowing the anecdotal differences between these titles can save you time, money, and frustration should you ever have to deal with a legal matter.
What Is a Lawyer?
A lawyer is anyone who has completed law school and gotten their Juris Doctor degree. They tend to focus on legal theories, laws, and concepts so they can counsel clients who contact them for help. They often work as advisors, offering legal guidance, drafting contracts, and helping their clients avoid pitfalls.
Though they don’t really differ from attorneys, some firms characterize lawyers as legal professionals who haven’t taken the bar exam or aren’t qualified or trained to represent clients in court.
Regardless, these professionals play an important role in creating legal strategies and making sure everyone complies with the law.
What Is an Attorney?
To those who draw a distinction between the two terms, “attorney” is the title given to professionals who have passed the bar exam in the state and received a license to practice law in a particular jurisdiction. In taking this extra step, attorneys can represent clients in court, argue cases, and take part in any proceedings that require formal representation.
By this common definition, attorneys are a vital part of the process when someone needs to take legal action. Their added qualifications enable them to offer more comprehensive services since they can bring cases to trial.
Therefore, according to many firms, all attorneys are lawyers, but not all lawyers are attorneys.
What’s the Difference Between “Lawyer” and “Attorney”?
So are lawyers and attorneys the same thing? Technically speaking, there isn’t really a difference when it comes to the attorney vs. lawyer comparison. Although many firms argue otherwise, the ABA makes it clear that the terms are one and the same.
If a particular firm claims there’s a difference, it’s possible that some of their professionals have gone to law school but haven’t passed the bar. If that’s the case, they won’t have much to do with the court process. On the other hand, their attorneys will often be extensively licensed and qualified to perform a variety of legal duties.
If you need someone to handle a legal issue, it’s worth thinking about whether the firm you’re considering recognizes any difference in attorney vs. lawyer.
For example, suppose that you want to file a lawsuit. You could confidently expect a firm’s attorneys to do all the legal legwork and argue your case in front of a judge. However, a staff lawyer might only be able to help you fill out the documents and explain the relevant legal concepts so you can better understand your situation.
How to Evaluate a Legal Professional’s Qualifications
When retaining the services of any legal professional, it’s important to consider the specifics of your situation.
If you’re dealing with a relatively simple legal matter — say, drafting a contract, will, or business agreement — any lawyer will likely be able to help. Structuring and reviewing documents is one of the most basic functions of any legal professional.
However, if you're looking to take formal legal action or need to defend yourself in court, you might need to narrow your search to legal professionals who specify that they are indeed attorneys — just in the interest of saving your time and theirs. An attorney will be able to handle both the advising and litigation aspects of the process, which makes them a safer bet for more complicated legal issues.
As you make your decision, it’s a good idea to ask yourself a few questions, such as:
- What are the chances that my case will go to trial?
- Do I need representation for formal proceedings?
- Do I just need help with documents or advice?
Your situation will be different from the next person, but some common scenarios where you might hire a general lawyer include:
- Creating a will or trust or other estate planning documents
- Drafting or reviewing contracts for a property purchase, business agreement, or lease
- Deciding on the best legal structure for your new business (LLC, corporation, etc.) and creating a partnership agreement
Meanwhile, specialized attorneys would likely be more helpful in these scenarios:
- Providing defense for civil lawsuits like personal injury claims, breaches of contract, or property disputes
- Negotiating criminal charges, like a DUI, and plea deal discussions
- Navigating family law cases involving divorce, child custody, alimony, etc.
- Initiating formal legal action, such as suing for damages or enforcing a contract
Ultimately, the wisest course of action is to research local law firms and contact a few of them to find the professional who’s most qualified to assist you with your case. If they’re not an ideal fit, they can point you in the right direction.
Make the Right Choice for You
According to the American Bar Association, the preeminent legal organization in the United States, “lawyer” and “attorney” mean the same thing. However, that doesn’t mean that all lawyers are equally qualified or suited for all tasks. It’s important to make an informed decision and hire the right legal professional for your unique needs.
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