Attorney or Lawyer: Know the Difference Before You Hire

It’s easy to think that the words’ lawyer’ and ‘attorney’ mean the same thing and to be honest, in casual conversations, they often do.

The key thing to remember is that they both attend law school. They both know the law. But only one of them can represent you in a courtroom.

That difference between an attorney vs lawyer changes what kind of help you can get from them and how far they can go to support your case.

What Does a Lawyer Do?

A lawyer is someone who has studied law, graduated from law school, and earned a law degree. They understand how laws work and can explain your rights, often working in law firms, government, or consulting.

But unless they’ve passed the bar exam, they can’t represent clients in court. Some lawyers plan to take the bar later, while others choose different paths like research, advising, or teaching.

But they can’t officially speak for you in court because they don’t have the license that’s required to do that.

That’s why you’ll find lawyers working in a range of places, not just in law offices but also as advisors, legal researchers, and even educators.

What Is an Attorney, Then?

An attorney is a lawyer who has taken it one step further. They also finished law school and then passed the bar exam. That means the state officially licenses them to practice law.

Once that happens, they can legally represent clients in court. So, if you’re ever facing a legal issue where you might end up in front of a judge, whether it’s a divorce, criminal case, or something like a lawsuit, an attorney is the one you need.

They’re also allowed to handle paperwork that gets filed in court, which is something a regular lawyer who hasn’t passed the bar isn’t legally permitted to do.

Other Differences Between Lawyers and Attorneys

Here are a few more areas where lawyers and attorneys differ from one another:

The bar exam

When someone finishes law school, they receive what is called a JD, i.e., a Juris Doctor degree. That’s the standard law degree in the United States. But to become an attorney, they also have to take and pass the bar exam in the state where they want to practice.

Each state has its version of the bar, and it’s the state’s bar association that runs it. Once a person passes that exam, they’re officially part of the state bar, which means they can legally act as someone’s attorney in court cases.

In some states, passing the bar exam is so challenging that fewer than half of those who take it pass on their first attempt. However, there is no limit to how many times you can take it in, so people continue trying until they pass.

So until someone passes the bar, they’re a lawyer. Once they pass and get sworn in, they can officially call themselves an attorney.

Specializations

Another essential part is that both lawyers and attorneys often choose to specialize in certain areas of the law. That can encompass a wide range of areas, including criminal law, real estate law, family law, corporate law, intellectual property law, and environmental law.

In law school, they pick a specific field that interests them or lines up with the kind of work they want to do.

Once they’re out of school, and especially after they pass the bar, attorneys usually only work in the areas they’ve specialized in.

On the other hand, lawyers who haven’t passed the bar might still work in those same fields, but they’ll usually be doing behind-the-scenes work, like research, drafting documents, or helping attorneys prepare cases.

Job descriptions

Both lawyers and attorneys can have a lot of different job titles, depending on what they want to do and where they want to work.

Lawyers may work as legal consultants, helping companies stay compliant with the law. They might work in government, writing legal policies or advising officials. They might even teach at law schools.

Attorneys usually work directly with clients. They’re the ones who build legal cases, go to court, and argue in front of judges. They can work alone in law offices with teams of attorneys handling lots of cases at once.

They’re also the ones you’re most likely to see in situations where something needs to be filed in court, whether that’s a lawsuit, a divorce petition, a business contract, or even criminal charges.