what is the difference between lawyer and attorney
What is the difference between lawyer and attorney?
Answer:
The terms “lawyer” and “attorney” are often used interchangeably, but they have distinct meanings and implications, particularly in the context of legal practice in certain jurisdictions. Here’s a detailed explanation of the differences:
1. Lawyer:
A lawyer is a general term that refers to anyone who has attended and graduated from law school. A lawyer has received specialized training in the law and may have secured a Juris Doctor (JD) degree.
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Education and Training:
- Lawyers have completed a formal education in law, typically earning a JD degree in the United States, or an equivalent degree such as the LLB (Bachelor of Laws) in Commonwealth countries.
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Role and Function:
- Lawyers have extensive knowledge of the law and its application. They can provide legal advice, conduct legal research, draft documents, and offer opinions on legal matters. However, just being a lawyer does not automatically confer the ability to represent clients in court legally.
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Certification:
- In most jurisdictions, a person can call themselves a lawyer upon graduation from law school, but they can only provide limited legal services until they pass the bar exam.
2. Attorney:
An attorney is a subset of a lawyer who has not only attended and graduated from law school but has also passed the bar examination and been admitted to the bar of a specific jurisdiction. The term “attorney” is short for “attorney at law.”
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License to Practice:
- Attorneys have the legal authority to represent clients in a court of law, perform litigation, and act as official advocates for their clients.
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Representation:
- Attorneys can act on behalf of their clients in legal proceedings and can perform all functions that a lawyer can, plus the ability to engage in courtroom advocacy.
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Bar Membership:
- Being an attorney implies membership in a bar association, which is necessary to appear in court and offer a wide range of legal services.
Practical Distinctions:
- The distinction is more prominent in places where formal bar admission is required for court representation. For example, in the United States, all attorneys are lawyers, but not all lawyers are attorneys.
- In some other jurisdictions, such as the UK, terms like “solicitor” and “barrister” are used to distinguish different roles within the legal profession, further complicating the terminology.
Final Answer:
A lawyer is someone who has completed law school and may provide limited legal services, while an attorney is a lawyer who has passed the bar exam and is licensed to practice law and represent clients in court.