Chicago Injury Lawyer Blog
You’ve heard people say they need to “call my lawyer” or perhaps talk to “an attorney,” but is there a difference between these terms? While most of us tend to use “lawyer” and “attorney” interchangeably, they actually aren’t the same thing. And if you’re someone needing legal help, it’s worth knowing the difference.
We’ve broken down what separates these roles and why it matters when it comes to finding the right legal representation for your needs.
The Basics: What Do “Lawyer” and “Attorney” Really Mean?
Lawyer: A lawyer is someone who has gone through law school and obtained a degree in law, typically a Juris Doctor (JD). Lawyers have studied legal theories, case law, and how the law works in practice, but they aren’t necessarily licensed to practice in a courtroom or represent clients in legal proceedings. They may work in consulting, research, writing, or teaching, but without a license, their legal work is limited.
Attorney: An attorney is someone who has not only completed law school but has also passed the bar exam, a grueling test of legal knowledge and ethics specific to a state or jurisdiction. Passing the bar qualifies them to represent clients in legal matters, argue in court, and provide formal legal counsel. The term “attorney” comes from the French word avocat, meaning to act on behalf of someone else—exactly what attorneys do.
So, in simple terms, all attorneys are lawyers, but not all lawyers are attorneys. A lawyer becomes an attorney once they pass the bar and are licensed to practice law in their state.
So, Which One Do You Need?
While the differences may seem slight, they do matter, especially if you’re considering hiring a legal professional. Here’s why:
For Representation in Court
If you’re facing a lawsuit, a criminal charge, or any situation that could lead to court, you need an attorney. Only attorneys can appear in court and formally represent clients. A lawyer without a license cannot take on that responsibility. An attorney is someone who can handle court proceedings, negotiate on your behalf, and file motions.
For Legal Advice or Guidance
If you simply need guidance on a legal matter, say for starting a business or dealing with a workplace issue, either a lawyer or an attorney could potentially help. Some companies or nonprofits employ lawyers in advisory roles where no court appearances are needed. However, if the legal guidance you need involves complicated issues, like a personal injury claim, that could lead to court or involve filing official documents, an attorney is your best bet.
The Journey from Law School to Attorney
The journey to becoming a lawyer or attorney follows a similar path—up to a point. Here’s a look at the typical steps:
- Law School: First, there’s law school, where students study everything from constitutional law to criminal procedure and contracts. Completing law school earns a Juris Doctor (JD) degree, which means they’re now a lawyer. They understand the law and can offer insights into it, but they’re not yet an attorney.
- The Bar Exam: After law school, graduates who want to practice law in court must pass the bar exam. This test covers legal subjects like civil procedure, ethics, and criminal law, and is notorious for its difficulty. Those who pass the bar exam become attorneys, licensed to represent clients in legal matters.
- Licensure: Once they’ve passed the bar exam, they’re admitted to the bar and become licensed attorneys. With that, they have the right to represent clients, provide legal counsel, and argue cases in court. At this stage, a lawyer officially becomes an attorney and can begin practicing law in its fullest capacity.
In short, while anyone who graduates from law school can call themselves a lawyer, only those who pass the bar and get licensed are attorneys.
What Lawyers and Attorneys Actually Do
Now that we know what makes a lawyer different from an attorney, let’s talk about the kinds of work each can handle. Lawyers and attorneys often work in similar areas, but their specific responsibilities vary.
- Lawyer Roles: Lawyers who haven’t passed the bar may work in roles where court representation isn’t necessary. They might work as consultants in legal research, corporate policy, or compliance departments, providing legal insights but not directly representing clients. Many lawyers also work as professors, writers, and policy analysts, where their knowledge of the law is valuable, but a license to practice is unnecessary.
- Attorney Roles: Attorneys can do everything a lawyer does—plus, they’re able to represent clients in court, negotiate settlements, and handle legal transactions that require a licensed professional. Attorneys also often specialize in particular areas, like personal injury, criminal law, family law, or corporate law. An attorney’s duties include filing lawsuits, advising clients on complex legal matters, and advocating in court for fair outcomes.
Common Myths About Lawyers and Attorneys
With so much overlap in how the terms are used, it’s easy to see where the confusion comes from. Here are a few common misconceptions people have about lawyers and attorneys:
- “All Lawyers Can Go to Court”
Not true. While all attorneys are lawyers, not all lawyers are attorneys. A lawyer who hasn’t passed the bar can’t represent someone in court. If you need a courtroom advocate, you need an attorney specifically. - “Attorneys Are Always Trial Lawyers”
This is another myth. Not all attorneys spend their time in the courtroom. Many attorneys handle cases outside of trial, working in areas like tax law, contracts, real estate, or intellectual property, where court appearances are rare. These attorneys focus on drafting legal agreements, negotiating deals, or advising on regulatory issues. - “Hiring a Lawyer or Attorney Means Going to Court”
Not necessarily. In fact, most cases, especially in personal injury law, are resolved outside of court through negotiations and settlements. If you hire an attorney, they can often help you reach a resolution without the need for a trial. - “Lawyers Can’t Work in Legal Fields Without a License”
Many lawyers work in legal fields even if they aren’t licensed to practice law. They may act as paralegals, legal writers, policy consultants, or researchers. Their legal knowledge is valuable, but they aren’t authorized to represent clients formally.
Why Does It Matter?
Understanding the difference between a lawyer and an attorney can be helpful when you’re looking for the right legal assistance. Here’s why:
Accountability: Attorneys are held to strict ethical standards set by their state’s bar association, which regulates their behavior and can enforce penalties for unethical practices. This layer of accountability is especially important when you need someone to handle sensitive matters or represent you in court.
Qualifications: Hiring an attorney ensures that you’re working with someone who has not only completed law school but also passed the bar exam and is licensed to represent you. This means they’ve met all the qualifications needed to handle the most complex legal matters.
Guidance Through Complex Issues: If you’re facing a situation that may lead to court, it’s best to hire an attorney. They can offer the highest level of representation and handle every aspect of your case.
The Bottom Line
While “lawyer” and “attorney” are often used interchangeably, they aren’t the same. Lawyers may have a comprehensive knowledge of the law, but only attorneys are licensed to represent clients in legal matters and court proceedings. If you need guidance on a legal issue or representation in court, hiring an attorney ensures you’re getting someone fully qualified to advocate for you.
At John J. Malm & Associates, our team of licensed attorneys is prepared to represent you in all aspects of your case—whether it involves negotiations, car accident insurance claims, or courtroom advocacy. We handle a variety of personal injury cases, including car accidents, truck accidents, slip and fall incidents, dog bites, wrongful death claims, medical malpractice, and nursing home abuse cases. Contact our top-rated Illinois injury lawyers today for a consultation to learn how we can protect your rights and guide you through every step of the legal process.