If you talk to someone who doesn’t know much about the legal niche, they might use the terms “lawyer” and “attorney” interchangeably. There’s nothing necessarily wrong with that. Usually, you can use one or the other in conversation and it doesn’t make what you’re saying incorrect.
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However, you should know that to some degree, lawyers and attorneys possess different skill sets. In that respect, they’re not exactly the same. hat might surprise someone who always thought they could say either “lawyer” or “attorney,” and it made no difference.
In this article, we’ll talk about lawyers vs attorneys. We’ll also discuss some particular situations that call for each one.
What Does the Term “Lawyer” Mean?
The term “lawyer” means a licensed professional. They typically advise you and potentially represent you in certain legal matters. They uphold the law, and they also attempt to protect your rights if you become their client.
A lawyer can give legal advice. They can sometimes represent you in court or other legal proceedings. They can also prepare or look over legal documents.
What About “Attorney?”
As for the term “attorney,” it’s shorthand for “attorney at law.” This is also a kind of licensed legal professional. To call yourself an attorney, you must graduate from law school. You must also pass the bar exam. That means you can now practice law.
You can represent your clients in various legal matters, including court proceedings. You can provide legal services, draft legal documents of various kinds, negotiate settlements on a client’s behalf, and also protect the rights of your clients.
Lawyers vs Attorneys – What’s the Difference?
If you want to get technical, you can say that the word attorney means an individual who has a license to practice law and to represent their client in court in virtually any situation. A lawyer, however, only completed law school.
To break things down further, a lawyer completed law school and now holds a Juris Doctor degree, sometimes abbreviated as J.D. They can provide legal advice, assist with preparation of cases, and also work under an attorney or with their supervision.
However, that does not necessarily mean that they can legally represent clients in court or practice some aspects of the law. By contrast, an attorney passed the bar and can legally practice law in a specific designated territory or locale. They can represent clients in court for legal proceedings of virtually any kind.
An attorney must also abide by a very specific code of ethics. They can practice law in criminal courts, and also civil ones.
You can look at it in another way. An attorney has several more privileges than a lawyer. If you have to appear in court for just about any reason, then an attorney can legally represent you. That’s not always the case with every lawyer.
Now, let’s talk about particular situations where you will want to have either one or the other in your corner.
Situations Where You’ll Need a Lawyer
Let’s say that you’re having an issue with the IRS. You decide that you want to consult a tax lawyer. This type of lawyer will know this area of the law in great detail, so they can probably advise you with no issues.
You may also need a lawyer if you have to make a real estate transaction. In this case, you would seek out a real estate lawyer. Again, you need their legal expertise. However, since you don’t need to appear in court for any reason connected to this real estate matter, you don’t need an attorney.
If you’re drawing up a will or contract, you might need a lawyer’s help, but probably not an attorney’s. If you need help negotiating a business deal, then once again, hiring a lawyer rather than an attorney makes the most sense.
If you’re trying to comprehend your rights when filing an insurance claim, a lawyer might help explain those to you. You may use a lawyer’s help if you have a traffic ticket that you need advice about, but you don’t need to appear in court to argue the matter with a judge.
Times When You’ll Need an Attorney
As for times when you’ll need an attorney, usually, if you have to appear in court, that’s when it’s most appropriate to hire one. For example, maybe you’re declaring bankruptcy. As a part of that, you will need to appear in front of a judge.
You will certainly want an attorney in that situation. Not only can they give you some advice before your courtroom appearance, but they can also assist you during it.
Maybe you’re filing a personal injury lawsuit against a person or entity that you think harmed you or a family member. You will probably want to hire an attorney who can appear with you in court.
They can not only help you to collect physical evidence before the trial, but they can also question the defendant if you decide to put them on the witness stand. If you have a family law matter that’s getting messy, and it will also require you to make a court appearance, if not more than one, then you will likely want to hire an attorney.
For instance, maybe you’re in the process of dissolving your marriage. It’s getting contentious, and you know that you’re going to have to appear in court to argue some of the finer points of child support or alimony.
You will want an attorney with you who can look after your best interests during these court appearances. They will know all about this area of the law, and they can presumably get you the best deal as you’re dividing up your property, figuring out the custody schedule with the kids, and so forth.
In short, a lawyer can help you with many legal matters. However, an attorney, because of certain capabilities that not every lawyer has, can often do even more.
