Difference Between a Lawyer and an Attorney

 

In the United States, people often mistakenly use the terms lawyer and attorney interchangeably in everyday speech. To those unrelated to the legal arena, it might mean similar, but technically they are different. Eric Thole, attorney at law, necessitates everyone to understand the differences between both the terms. Moreover, it can empower you to find a better legal representative in a court of law.

Difference By Definition

 Lawyer

The term lawyer has Middle-English origins. It refers to someone educated and trained in the law by acquiring a law degree or Juris Doctor (JD) from a law school approved by the American Bar Association. They might have taken and passed the bar exam, but they do not practice in the court of law. They can only give you legal advice and cannot represent you in the court of law in any civil or criminal case.

Attorney

The term attorney has French origins and means (like the word) to act on behalf of others. Attornies use it in the form of a title like - Eric Thole, attorneyat law. It refers to someone educated and trained in the law and practicing in the court of law. They pass the bar exam to get the right to practice the law in specific jurisdictions of the US. They can represent you in both civil and criminal courts.  

Difference In Roles And Duties

Both lawyers and attornies have education and training in law, but the difference lies in its application. Eric Thole urges you to note the distinctions between the roles and duties of the two professions to understand them better.

 Lawyer

As they do not practice law at the court, they take up the roles of legal advisors or consultants. Lawyers practice in specialized fields like estate law, immigration law, tax law, etc., where they give legal advice to clients.

 Attorney

For attornies to practice law at the court of law, the bar exam (covering the jurisdiction) clearing is mandatory. They follow the code of ethics like lawyers and also practice in both civil and criminal courts. When you need someone to defend you in a civil or criminal case, you hire an attorney to represent you in the court of law.

The difference in Examination Requirements

Both lawyers and attornies clear Multistate Bar Exam (MBE) consisting of 200 multiple choice questions covering various topics - 

●     Civil Procedure

●     Constitutional Law

●     Contracts

●     Criminal Law & Procedure

●     Evidence

●     Real Property

●     Torts

But, those attornies intending to practice law in the State of Pennsylvania must clear Pennsylvania Bar Examination separately. It has an additional performance review and essay portion covering all of the MBE topics, like

●     Wills, Trusts, and Decedent's Estates

●     Family Law

●     Conflicts of Law

●     Employment Discrimination

●     Business Organization

●     Federal Constitution law

●     Evidence

●     Federal Income Tax

●     etc.

What happens if a lawyer practices law without a license?

Those lawyers practicing law without a license are subject to criminal charges. In Pennsylvania, it is a misdemeanor of the third degree.

Conclusion

Knowing the difference between a lawyer and an attorney lets you get appropriate legal assistance.  Eric Thole also advises checking their career background with your State's Bar Association to avail the best legal support. 

 

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