The core difference between a lawyer and an attorney lies in the fact that attorneys can practice law and represent clients in court while lawyers may not be licensed to do so.
When people are dealing with legal matters, the terms lawyer and attorney may be used interchangeably. But there are significant differences between them that you need to understand.
This article will discuss such differences, clarify their roles and help you choose which one may suit your case better.
What is a Lawyer?
A lawyer is someone who has completed law school and obtained a degree in law. Lawyers have comprehensive knowledge about laws and legal principles though they might not be admitted to the bar in any jurisdiction.
Roles and Responsibilities or a Lawyer
Lawyers can work in several capacities including:
- Legal Advisers: They advise clients based on their knowledge of law.
- Researchers: Writing legal documents like memos and briefs by doing research on law.
- Consultants: Providing specialized opinions about various industries’ legal issues.
Education and Qualifications
To become an attorney, lawyers are required to complete a Juris Doctorate course at any recognized law school. Alternatively, some choose to specialize in particular fields of expertise or career enhancing programs.
What is an Attorney?
An attorney or alternatively attorney-at-law refers to a licensed lawyer who practices within a given jurisdiction. In this case they can appear before court for litigation purposes as well as offer advice on various legal concerns.
Roles and Responsibilities of an Attorney
Attorneys perform more duties than lawyers do since they include:
- Representation in Court: Representing clients during litigations.
- Client Advocacy: Within the courtroom setting or during negotiations representing clients’ best interests.
- Legal Document Preparation: Writing contracts, wills and even suits among others.
Education and Qualifications
Upon completion of studies at the university, prospective attorneys must sit for state’s bar exams. These professionals carry out their activities legally after being granted licenses from respective governing bodies thus becoming advocates too.
Key Differences Between a Lawyer and an Attorney
Licensure and Practice
- Lawyers: Provide legal advice and guidance but do not represent clients in court unless they are licensed.
- Attorneys: Licensed to practice law hence their ability to argue cases on behalf of the people involved.
Scope of Work
- Lawyers: They mainly focus on providing legal advice, research and consultancy. Some of them work as teachers, others in companies and some provide services as attorneys.
- Attorneys: Being the most diverse professionals within the legal industry, advocates offer services such as preparing various documents related to law, representing clients during court proceedings and offering comprehensive legal support.
Client Interaction
- Lawyers: Offering support and guidance without necessarily being directly involved in litigation or other active court processes is how lawyers typically operate.
- Attorneys: Their engagement with clients involves direct interaction for example when they appear before a tribunal or any other legal processes.
When to Hire a Lawyer vs. an Attorney
Hiring a Lawyer
- Some situations may require you to hire an attorney who could be:
- Seeking expert opinion or need some kind of research on law issues.
- You need help drafting or reading over documents that don’t involve going before judges;
Hiring an Attorney
Some scenarios may indicate that you need an advocate who would be:
- Representation in court;
- Comprehensive legal counsel and advocacy;
- Assisting with transactions or negotiations relating to the law.
Final Thoughts
To help you make informed decisions on legal representation, it is important to know the distinction between a lawyer and an attorney. While all attorneys are lawyers, not all lawyers are attorneys. Learn what these roles entail so that you can select the right expert for your particular requirements.
FAQs
Only if such lawyer is also an attorney (licensed to practice law) can they represent you in court.
Either a lawyer or an attorney can offer you legal advice. Nonetheless, if you require representation before the court then only an attorney should be hired.
A lawyer is someone trained in law who may or may not practice it. An attorney is a lawyer who actively practices law, representing clients in legal matters.
Yes, attorneys are capable of offering legal advice plus representing clients in courts among other services relating to diverse areas of law.
An attorney and a lawyer are essentially the same in terms of power. Both are legal professionals, but an attorney can represent clients in court, while a lawyer may not.