What is a general word for a lawyer in the usa

• #1

Hello,
I was wondering if there was a difference between lawyer and attorney, or is it two different words for the same thing?
thanks for your replies

• #2

Strictly speaking, a lawyer is someone who is trained in the field of law and provides advice on legal matters, whereas an attorney is a professional that is licensed to act on their client’s behalf and represent them in court.

These words have been used interchangeably to mean the same thing, however, especially in the US. Also, you will come across some sets of fixed phrases using either one of those terms, as is the case with ‘power of attorney’, or ‘General Attorney’.

Hope this helps

• #4

Strictly speaking, a lawyer is someone who is trained in the field of law and provides advice on legal matters, whereas an attorney is a professional that is licensed to act on their client’s behalf and represent them in court.

You really should qualify this, Frajola. In Canada, there is no such creature as an «attorney». This is also the case in England (from which Canadian law is derived). «Lawyers» in Canada are most certainly «licensed» to act on a client’s behalf and represent them in Court.

I am confused at your definition of a «lawyer» as someone who is trained in the law and provides advice on legal matters. Is there any country in the world where a fully trained and practising lawyer isn’t a professional licensed to act on their client’s behalf?

Perhaps you’re thinking of the difference between barristers (lawyers who go to court) and solicitors (lawyers who don’t).

• #5

attorney A

1 lawyer, attorney
a professional person authorized to practice law; conducts lawsuits or gives legal advice

Hi kbbylily,
The above definition is from WR.com

In general and to answer your question, the word attorney is most often used in the United States (attorney = lawyer).

• #6

<< Moderator’s note: I have combined this thread with another on the same topic. >>

Hi everyone,

What is the difference between lawyer and attorney?

Thank you.

Last edited by a moderator: Apr 6, 2015

• #7

The meaning is the same. ‘Attorney’ sounds more formal.

• #8

They have the same meaning but in the UK the only person who is called an «Attorney» is the «Attorney General». In the UK it is perhaps a bit archaic.

• #9

lawyer, solicitor, barrister and attorney
In Britain, lawyers are divided into two types, solicitors and barristers. Solicitors give you advice on legal subjects and discuss your case with you. They can also represent you and argue your case in the lower courts. Barristers give specialist legal advice and can represent you in both higher and lower courts. In America, there is only one type of lawyer, who is sometimes called an attorney.

Last edited: Jun 9, 2010

• #10

AmE here goes…

A lawyer as mentioned before, strictly speaking is «a professional person authorized to practice law; conducts lawsuits or gives legal advice» (una madre).

However, an attorney is any

legal representative for the beneficiary

.

What that means is:
An attorney at law is certainly a lawyer but acts as his/her client’s attorney in a court of law (speaks on their behalf not just giving them advice).

«‘Bernstein deduces that ‘a lawyer is an attorney only when he has a client. It may be that desire of lawyers to appear to be making a go of their profession as accounted for their leaning toward the designation attorney.’ Theodore M. Bernstein, The careful Writer 60 (1965). Yet this distinction between lawyer and attorney is rarely, if ever observed in practice» (Garner 501).

The words counsel/counselor exist to mean «‘one who gives (legal) advice'» (501).

An attorney can also be

anyone

with legal «power of attorney» as by material or verbal contract.
What this means:
If you are in the hospital, and lose consciousness, as long as you filled out the correct paperwork so that someone can make decisions on your behalf, that person is effectively an attorney [more specifically, your attorney]. For medical, this is overseen by HIPAA.
This is known as an attorney in fact.

Garner’s Modern American Usage: The Authority on Grammar, Usage, and Style — Oxford, 2009
Garner’s Dictionary of: Legal Use, Third Edition — Oxford, 2011

Note: Garner is the authority on Legal Use.

• #11

An attorney at law is certainly a lawyer but acts as his/her client’s attorney in a court of law (speaks on their behalf not just giving them advice)..

In a BrE and Commonwealth context, this would be the counsel.

From Collins Concise:

4. a barrister or group of barristers engaged in conducting cases in court and advising on legal matters

Counsels can also be appointed as Queen’s Counsels (QCs), a senior position; they are informally known as silks​ because of the silk gowns worn by them.

The other meaning of attorney in relation to ‘power of attorney’ is available in BrE.

• #12

In the U.S., we common folk (including newspapers and other news media) use «lawyer» and «attorney» interchangeably for anyone practicing law and admitted to the bar.

That’s not technically precise, but that’s the way we do it.

Language is like that.

Last edited: Apr 7, 2015

• #13

In the UK a lawyer who specialises in patents is called a patent attorney, for which there is a Chartered Institute of Patent Attorneys (cipa.co.uk).
This seems to be a term that is more common than patent lawyer, although both are used, as far as I know.

• #14

<< Moderator’s note: I have combined this thread with another on the same topic. Nat >>

Question: can anyone use simple sentences to nail down their differences?

As I checked, «attorney» generally refers to someone who is legally qualified to represent a client; «counsels» refer to those that litigate in courts; «lawyers» refer to those who studied Law but may not be legally qualified to represent a client. So it is an umbrella term.

In addition, can «attorneys» refer to both solicitors and barristers?

Last edited by a moderator: May 20, 2016

• #15

If you want to check their use, you should give us simple sentences.
You should bear in mind that attorney is mainly used in AE. Barrister is a BE term, as far as I know.
Also counsel do not litigate, but represent their client in court.

• #16

«Attorney» is an exclusively AE term. You will need an AE speaker to tell you what the precise functions are in the American legal system. «Counsel» may have a precise distinction in AE too, but in BrE it is used as a general term for a legal representative in court. In the English system (Scotland has its own distinct legal system) there are «solicitors» and «barristers» who have different functions and responsibilities in the justice system. I think you are right that «lawyer» is an umbrella term for someone qualified in the law in all these English speaking systems. Others may be able to offer more detailed help.

• #17

This is historically complicated. There were numerous kinds of professional who practised law, the main ones being serjeants and barristers (these two pleaded in court), and attorneys and solicitors (these two didn’t). The ranks of serjeant and attorney were abolished in England in the late 1800s. This is why we here don’t call our lawyers attorneys: because they’re not, except patent and trade mark attorneys, which are specialized fields.

• #18

«Attorney» is an exclusively AE term.

As entangledbank’s following post shows, this is not correct.

In the English system (Scotland has its own distinct legal system) there are «solicitors» and «barristers» who have different functions and responsibilities in the justice system. I think you are right that «lawyer» is an umbrella term for someone qualified in the law in all these English speaking systems.

Solicitors and barristers do not exist in the US; any licensed lawyer may perform either function at will. It should also be noted that in the US one may be a fully trained lawyer (that is, you went to law school and have a degree from it, which these days is usually a JD), but for a variety of reasons (such as not taking, or failing, the bar exam) not permitted to practice the profession.

• #19

Is my following brief summary correct:

In Britain: people differentiate a barrister and a solicitor from each other. But they are all called lawyers. In addition, a counsel= a barrister.

In the US: people don’t use «barristers» or «solicitors» as they all are called «attorneys». «Lawyers» are used to refer to those with degrees but for some reason are not practicing the profession. «Counsel» is not used as «attorney» stands for all sub-types.

• #20

In the US: people don’t use «barristers» or «solicitors» as they all are called «attorneys». «Lawyers» are used to refer to those with degrees but for some reason are not practicing the profession. «Counsel» is not used as «attorney» stands for all sub-types.

«Lawyer» is a general term in American English for anybody in the profession. «Counsel» is also frequently used, but normally within the context of one’s representation of a particular client (i.e., we would not say «My son is very successful; he’s counsel», but we would say something like «He’s outside counsel for Microsoft».)

• #21

«Attorney» is an exclusively AE term.

This term «attorney» IS used in the UK, but not in the same way as in America.

Besides certain specialised types of lawyers in the UK using that title (as ETB has explained), there is a UK government law officer with the title «Attorney General».

Quote from British government official site: «The Attorney General’s Office (AGO) provides legal advice and support to the Attorney General and the Solicitor General (the Law Officers) who give legal advice to government.»
Source: Attorney General’s Office — GOV.UK

Also, the expression «power of attorney» is not uncommon.

Quote from official government website: «A lasting power of attorney (LPA) is a legal document that lets you (the ‘donor’) appoint one or more people (known as ‘attorneys’) to help you make decisions or to make decisions on your behalf.»
Source: Make, register or end a lasting power of attorney — GOV.UK

• #22

From Merriam-Webster’s Dictionary of Law:

attorney a person authorized to act on another’s behalf; esp:LAWYER

lawyer one whose profession is to advise clients as to legal rights and obligations and to represent clients in legal proceedings

• #23

«Attorney» is an exclusively AE term.

And it’s not just the US, England and Wales that use the word «attorney».

It’s used in Australia too (I think in similar wasy as the British).

And in South Africa, for example, (I think in ways more similar to the US usage):

Quote:
Chief Directorate: State Attorney Services
Functions:
…
* The handling of applications for admission as practicing attorney
* The regulation and overseeing of the conduct of private attorneys operating under the State Attorney Act.
…
Source: Justice/Branch Structure/CLO

• #24

«Lawyer» is a general term in American English for anybody in the profession. «Counsel» is also frequently used, but normally within the context of one’s representation of a particular client (i.e., we would not say «My son is very successful; he’s counsel», but we would say something like «He’s outside counsel for Microsoft».)

Thanks for your answer Glenfarclas. I want to ask a follow up question. You say «counsel» is used to refer to those who represent clients. Do you actually mean the «barristers» of the British version i.e. those who argue in the court? And «solicitors» and other lower-rank legal support roles are excluded?

• #25

Thanks for your answer Glenfarclas. I want to ask a follow up question. You say «counsel» is used to refer to those who represent clients. Do you actually mean the «barristers» of the British version i.e. those who argue in the court? And «solicitors» and other lower-rank legal support roles are excluded?

We don’t draw that distinction in the US. Glen is not saying that there is a group of attorneys who are called «counsel,» just that it’s used in the specific sense of «lawyer who is representing this client.» Another example:

I have to go to court tomorrow; I’m trying to evict my deadbeat tenant.
Really? Who is your lawyer?
John Smith.
And who is the defense counsel?
Nobody; the tenant is representing himself.

• #26

Barristers are counsel to their client when they’re representing them in court, or otherwise acting on their behalf. Solicitors are also counsel to their client if and while they do. Barristers can sit around in their chambers telling stories, or they can make cups of tea, or they can act as counsel for clients. Being counsel is a role they perform, not a rank they have.

• #27

Being counsel is a role they perform, not a rank they have.

Exactly the phrase I was searching for. Well put, ETB.

• #28

Maybe others will correct me, but I believe that in Britain those in the legal profession don’t appreciate being called lawyers*, they simply don’t use the word and prefer to use the specific terms solicitor and barrister.
* Although it’s no big sacrifice considering the money they earn, whatever they’re called.

• #29

in Britain those in the legal profession don’t appreciate being called lawyers

They accept the term as a generality when referring to all solicitors and barristers, but each will refer to themselves as, and expect to be referred to, as a solicitor or a barrister. These terms sound more respectable than «lawyer» (given how many «lawyer» jokes there are.)

• #30

OK, now I realize that «counsel» refers to a role—representing the client. But verify one more thing: represent the client ONLY IN THE COURT? So, if somebody instructs a solicitor in the solicitor’s office, then the solicitor is not yet a «counsel» right?

• #31

But verify one more thing: represent the client ONLY IN THE COURT? So, if somebody instructs a solicitor in the solicitor’s office, then the solicitor is not yet a «counsel» right?

No. For example, the head lawyer for a large firm’s law department is often called the «General Counsel» for the firm, but he or she may never go into a courtroom. It is very common that if a case against a corporation goes to trial, the corporation may (on the advice of their General Counsel) use a litigating attorney from an outside law firm that specializes in such things.

• #32

But you al would aggree that somebody who is qualified in practising law, who practises law as an employee of a company without necessecarily ever having to represent the company in court. would simply be a lawyer, right?

• #33

But you al would aggree that somebody who is qualified in practising law, who practises law as an employee of a company without necessecarily ever having to represent the company in court. would simply be a lawyer, right?

He would be whatever he calls himself. He might say «I am senior counsel for Worldwide Widgets», or «I am an attorney for Worldwide Widgets», or «I am a lawyer who works for Worldwide Widgets.» All could be true simultaneously — and it is entirely possible that he never does litigation. Note that in BE this would mean that he was a solicitor rather than a barrister, but neither of these terms is used in American English to describe a person in the legal profession.

• #34

He would be whatever he calls himself. He might say «I am senior counsel for Worldwide Widgets», or «I am an attorney for Worldwide Widgets», or «I am a lawyer who works for Worldwide Widgets.» All could be true simultaneously — and it is entirely possible that he never does litigation. Note that in BE this would mean that he was a solicitor rather than a barrister, but neither of these terms is used in American English to describe a person in the legal profession.

But attorney seems to describe someone who actually represents a client — individual or a company — as far as I have understood it so far. I mean those cases where this is not part of the job description.

• #35

But attorney seems to describe someone who actually represents a client — individual or a company — as far as I have understood it so far. I mean those cases where this is not part of the job description.

In the case that I gave, the person in question does legal work for his employing company — which certainly makes him an attorney. Beyond that, though, you will find people who have law licenses that they do not use, and therefore have no clients at all, but who will still say that they are «attorneys». As noted by others, some people in the legal profession simply like the word ‘attorney» better than they like the word «lawyer.»

(This article was originally published in its French version)

In several languages, the words meaning “lawyer” are similar: in French «avocat/e«, in Portuguese “advogado«, in Dutch “advocaat“, in Italian «avvocato«“, in Spanish “abogado/a«, in Russian “адвока́т/ а”. In France avocats were formerly an organized body of pleaders, while the preparation of cases was done by avoués. Today this distinction exists only before the French appellate courts.

In the USA a person who practices Law is called a lawyer or an attorney. As a title, only the word “attorney”, not “lawyer” is used, e.g. “Attorney Smith” (in French “Maître Smith”). If the name is not specified, the word “counsel” is used, e.g. A judge addressing an attorney: “Counsel may speak to the defendant.”

In England, there are two kinds of lawyers:

1. Barristers (called “trial attorneys” in the USA). Barristers have two professional functions: to give legal opinions and to appear in Court to represent their clients. The word originates from the days when there was a wooden bar or railing in court which marked off the area where the judge sat and the lawyer had to stand next to the bar when pleading his case. The expression “to be called to the bar” is commonly used in England to denote someone who has become qualified to act as a barrister. Although the word barrister is not used in the USA, all lawyers in America have to be members of the “bar” and to register with the Bar Association in order to practice. (The Italian word barista, pronounced similarly to «barrister», denotes a person who pours drinks at a different kind of bar.)

2. Solicitors. They handle wills and conveyancing (the transfer of property) and generally perform other legal tasks at their offices. They are not allowed to appear in Court, except in certain cases conducted in the lowest (magistrates’) courts. The work of a solicitor is roughly equivalent to that of a French “notaire”. (In the USA notaries are not lawyers. A notary’s function is to authenticate signatures, a service for which he usually charges $10.)

The offices of a barrister are called “chambers”. A person working as an apprentice (stagiaire) with a barrister is called a “pupil”, and the apprenticeship is called “pupilage”; with a solicitor he/she is called an “articled clerk” or “trainee solicitor”.

In England no-one may practice both as a barrister and an attorney. The services of a barrister are never hired directly by the client. The client hires a solicitor and the solicitor chooses a barrister when there is need for a legal opinion or for an appearance in court.

In the USA the term solicitor has nothing to do with the practice of law. It means someone who solicits his clients, from Old French solliciter (note the double “l”). The photo below, taken in California, shows a warning sign directed at street vendors. In Britain that sign would be regarded as amusing and probably offensive to solicitors practicing law. However, the verb “to solicit” is commonly used in England outside of the legal profession. For many years, prostitutes in Britain were allowed to practice their trade, but the Law prohibited them from soliciting. Thus a prostitute could stand on a street corner as long as she took no action or made no movement to solicit clients. Soliciting in this sense is a crime. (“To approach or accost someone with an offer of sexual services” – American Heritage Dictionary of the English Language).

 

The legal profession in countries of the British Commonwealth is sometimes structured as in Britain, but there are various different models. In Canada, New Zealand and parts of Australia, for example, a lawyer may practice both as a barrister and solicitor. In the United States no such distinction exists.

The noun “advocate” (as well as the verb “to advocate») exists in English, but it is used to describe a person who defends a cause, not as the description of a profession (except in South African English), like «avocat/e«, «advogado», «avvocato», “abogado/a» or «адвока́т/а». It derives from Latin advocatus, from the past participle of advocare to summon, from ad- + vocare to call, from voc-, vox voice. Advocat came from Anglo-French and Middle English (Merriam-Webster Dictionary).

A «Devil’s Advocate» is one who presents an argument or advocates a cause, not out of commitment but merely for the sake of argument or to determine the validity of the cause or position. It derives from the Medieval Latin term advocātus diabolī (from the Latin diabolus), someone who would argue against the canonization or beatification of a saint. In Britain «The Devil’s Advocate» is a regular column, with a cult following built up over the past few years appearing in several UK regional newspapers. The author, the mythical Barry Beelzebub, shares with us his wicked thoughts on the world today. For a video explanation of «Devil’s Advocate» for English learners, see:

Jonathan Goldberg

Lawyer Jokes:

Q: What’s the difference between a good lawyer and a bad lawyer?

A: A bad lawyer can let a case drag out for several years. A good lawyer can make it last even longer.

Q: What’s the difference between a good lawyer and a great lawyer?

A: A good lawyer knows the law. A great lawyer knows the judge.

Q: What do you have when a lawyer is buried up to his neck in sand?

A: Not enough sand.

Q: How many personal injury attorneys does it take to change a light bulb?

A: Three lawyers: one to turn the bulb, one to shake him off the ladder, and the third to sue the ladder company.

Q: How can you tell when a lawyer is lying?

A: His lips are moving.

Jonathan Goldberg

What Is A Lawyer?

Looking for information about lawyers?

What are the essential elements you should know!

Keep reading as we have gathered exactly the information that you need!

Let’s dig into our legal profession knowledge!

Are you ready?

Let’s get started!

What Is A Lawyer 

A lawyer (also referred to as an attorney) is a legal professional licensed to practice law, represent individuals and companies in court and provide legal advice.

Lawyers are trained in the field of law, have a good understanding of various legal concepts, and are proficient at interpreting the terms of statutes, regulations, ordinances, rulings, or other legal documents.

In many jurisdictions, a person cannot be referred to as a “lawyer”, “counsel”, “attorney-at-law”, or any other similar terms without having a license to practice law issued by the state authorities.

Although there’s a historical nuance between the term “lawyer” and “attorney”, for the purpose of this post, we will assume that they both mean the same thing.

You can read our post Attorney vs Lawyer to learn more on the nuances.

Lawyers, in general, have two main duties:

• Represent clients in court
• Provide legal advice to clients 

The attorneys that represent clients in court are involved in the area of litigation and dispute resolution.

The legal professionals dedicated to providing legal advice may be lawyers in law firms in the areas of commercial transactions, M&A, labor, or other areas of law that will not require them to step into a courtroom.

Lawyer Definition

What is the meaning of lawyer?

According to Dictionary.com, the definition of lawyer is:

In other words, a lawyer is:

• A legal trained in law 
• Representing clients in court
• Legally advising individuals or companies 

Said differently, a lawyer is a person who is formally trained in law and licensed by the state to prepare, manage, and prosecute legal actions, to act on another’s behalf, or to provide legal advice and counselling to others in different areas of the law.

Lawyer Responsibilities

Lawyers can have a wide range of responsibilities. 

In most cases, when people think of lawyers, they think of how lawyers are portrayed in television shows and movies where they are generally depicted pleading in a courtroom.

Although this can be the case, the real responsibilities of a lawyer are much broader.

A lawyer in court has the responsibility to represent his or her client in the best possible way to either defend against a legal action or to enforce a legal right.

Attorneys are also responsible for researching the law, reading statutes, regulations, decrees and other legal documents to find the legal basis to advise their clients.

In addition to court representation and research, lawyers need to have excellent writing and document drafting skills.

Whether a lawyer is drafting a pleading document, a contract, or legal notice, a lawyer must have excellent written skills to clearly convey the right “legal” message.

Most of the time, lawyers spend their time in an office setting either researching the law, investigating facts, writing legal papers, meeting with their clients, speaking with the opposing parties, or preparing a case.

To sum up the lawyer responsibilities, here is a short list of what a lawyer may be required to do on the job:

• Present oral arguments to the court, judge, or jury 
• Research the law
• Draft legal documents
• Provide legal advice 
• Negotiate settlements 

Legal Areas of Practice

Lawyers can practice law in many “areas” or “fields” of law.

In today’s world, every aspect of our lives in society is regulated by laws and regulations.

It is not possible for one single attorney to have a solid grasp of many areas of law and remain up-to-date in all such areas.

As a result, lawyers tend to “specialize” or focus on specific areas of the law to better serve their clients.

Here are some areas that a lawyer may specialize in:

• Administrative law
• Advertising law
• Antitrust law
• Business law
• Constitutional law
• Construction law
• Consumer law
• Contract law 
• Copyright law
• Criminal law
• Defamation law 
• Employment law
• Estate law
• Health care law 
• Insurance law 
• Intellectual property law 
• Maritime law 
• Medical malpractice law 
• Mergers and acquisitions 
• Oil and gas law
• Patent law
• Personal injury law 
• Procedural law 
• Real estate law 
• Securities law
• Sports law 
• Tax law
• Tort law 
• Transportation law 

This list is certainly not exhaustive but gives you a good idea of the different areas of law an attorney may choose to focus his or her practice on.

Lawyers that focus on one specific area of law or a very specific type of law are considered “specialized lawyers” whereas those who do not have a specific focus and tend to have a more general practice are considered “general practice lawyers”.

How To Become A Lawyer

Every jurisdiction may have its unique requirements for an individual to become a lawyer and pursue a legal career.

In the United States, to become a lawyer, a student must go to law school to understand how the laws and the legal system works.

Every state has adopted its standards with respect to the admission of a law student as a lawyer.

Typically, a person looking to practice law or become a legal professional must complete the following steps:

• Obtain a bachelor degree in the field of law from an American Bar Association accredited law school
• Successfully pass the bar exam 
• Successfully pass a character and fitness review 
• Take an oath to support the laws and the constitution 

Once these steps are completed, the individuals will receive a license to practice law from the highest court in the state.

Where A Lawyer Can Practice Law

When a person is admitted to the Bar Association in his or her jurisdiction, the attorney becomes legally authorized to provide legal advice to the residents of that jurisdiction.

For example, an attorney licensed to practice law in New York can advise New York clients or represent clients before the courts in New York.

In other words, a New York licensed attorney cannot automatically represent a client in Florida or in any other state.

In some states, there are some exceptions to this rule.

Sometimes, an out-of-state lawyer is authorized to perform specific legal tasks in another state provided that he or she is a lawyer in good standing and the highest court of the state approves them.

When out-of-state lawyers are admitted by another state, we refer to this as the lawyer appearing “pro hac vice” meaning “for this one particular occasion”.

Every jurisdiction has its requirements with respect to the territory in which lawyers may lawfully advise and represent clients.

The rule of thumb is that the attorney can advise or represent clients in the same jurisdiction as where he or she is licensed.

Other Terms For “Lawyer”

Legal professionals can be referred to using different terms.

The most common terms used to refer to a professional trained in law in the United States are “lawyer” or “attorney”.

However, there are other terms that may be used more commonly in other jurisdictions.

Here is a short list of other terms that may be used to refer to a lawyer:

• Advocate
• Attorney
• Attorney at law 
• Bar at law 
• Barrister
• Barrister at law 
• Canon lawyer
• Canonist 
• Counsel
• Counselor 
• Esquire 
• Jurist 
• Lawyer
• Legist 
• Pleader 
• Solicitor

Who Is An Attorney Takeaways 

So, looking for attorney information?

Want to know how to define “lawyer”?

Let’s look at a summary of our findings.

Lawyer Meaning

From Wikipedia, the free encyclopedia

This article is about the profession in the United States. For information about attorneys-in-fact, see power of attorney.

An attorney at law (or attorney-at-law) in the United States is a practitioner in a court of law who is legally qualified to prosecute and defend actions in court on the retainer of clients. Alternative terms include counselor (or counsellor-at-law) and lawyer.^[1] As of April 2011, there were 1,225,452 licensed attorneys in the United States.^[2] A 2012 survey conducted by LexisNexis Martindale-Hubbell determined 58 million consumers in the U.S. sought an attorney in the last year and that 76 percent of consumers used the Internet to search for an attorney.^[3]

The United States legal system does not draw a distinction between lawyers who plead in court and those who do not, unlike many other common law jurisdictions. For example, jurisdictions in the United Kingdom distinguish between solicitors who do not plead in court, and the barristers of the English and Welsh system and the Northern Ireland system and the advocates of the Scottish system, who do plead in court. Likewise, civil law jurisdictions distinguish between advocates and civil law notaries. An additional factor that differentiates the American legal system from other countries is that there is no delegation of routine work to notaries public.

Attorneys may be addressed by the post-nominal letters Esq., the abbreviated form of the word Esquire.

Specialization[edit]

Many American attorneys limit their practices to specialized fields of law.^[4] Often distinctions are drawn between different types of attorneys, but, with the exception of patent law practice, these are neither fixed nor formal lines. Examples include:

• Outside counsel (law firms) v. in-house counsel (corporate legal department)
• Plaintiff v. defense attorneys (some attorneys do both plaintiff and defense work, others only handle certain types of cases like personal injury, business etc.)
• Transactional (or «office practice») attorneys (who negotiate and draft documents and advise clients, rarely going to court) v. litigators (who advise clients in the context of legal disputes both in and out of court, including lawsuits, arbitrations and negotiated settlements)
• Trial attorneys (who argue the facts, such as the late Johnnie Cochran) v. appellate attorneys (who argue the law, such as David Boies)

Despite these descriptions, some states forbid or discourage claims of specialization in particular areas of law unless the attorney has been certified by their state bar^[5] or state board of legal specialization.

Some states grant formal certifications recognizing specialties. In California, for example, bar certification is offered in family law, appellate practice, criminal law, bankruptcy, estate planning, immigration, taxation and workers’ compensation. Any attorney meeting the bar requirements in one of these fields may represent themselves as a specialist. The State Bar of Texas, for example, formally grants certification of specialization in 21 select areas of law.^[6]

The majority of lawyers practicing in a particular field may typically not be certified as specialists in that field (and state board certification is not generally required to practice law in any field). For example, the State Bar of Texas (as of mid-2006) reported 77,056 persons licensed as attorneys in that state (excluding inactive members of the Bar),^[7] while the Texas Board of Legal Specialization reported, at about the same time, only 8,303 Texas attorneys who were board certified in any specialty.^[8] Indeed, of the 8,303 certified specialists in Texas, the highest number of attorneys certified in one specific field at that time was 1,775 (in personal injury trial law).

Specialization in patent law is administered by the Office of Enrollment and Discipline of the US Patent and Trademark Office, which imposes stringent requirements for applicants to become registered as patent attorneys or patent agents.^{[citation needed]}

Training and accreditation[edit]

In the United States, the practice of law is conditioned upon admission to practice of law, and specifically admission to the bar of a particular state or other territorial jurisdiction. Regulation of the practice of law is left to the individual states, and their definitions vary.^[9] Arguing cases in the federal courts requires separate admission.^{[citation needed]}

Bar examinations[edit]

Each US state and similar jurisdiction (e.g. territories under federal control) sets its own rules for bar admission (or privilege to practice law), which can lead to different admission standards among states. In most cases, a person who is «admitted» to the bar is thereby a «member» of the particular bar.

In the canonical case, lawyers seeking admission must earn a Juris Doctor degree from a law school approved by the jurisdiction, and then pass a bar exam administered by it. Typically, there is also a character and fitness evaluation, which includes a background check. However, there are exceptions to each of these requirements.

A lawyer who is admitted in one state is not automatically allowed to practice in any other. Some states have reciprocal agreements that allow attorneys from other states to practice without sitting for another full bar exam; such agreements differ significantly among the states.

In 1763, Delaware created the first bar exam with other American colonies soon following suit.^[10]

The bar examination in most U.S. states and territories is at least two days long (a few states have three-day exams).^[11] It consists of essay questions, usually testing knowledge of the state’s own law (usually subjects such as wills, trusts and community property, which always vary from one state to another). Some jurisdictions choose to use the Multistate Essay Examination (MEE), drafted by the NCBE since 1988, for this purpose. Others may draft their own questions with this goal in mind, while some states both draft their own questions and use the MEE. Some jurisdictions administer complicated questions that specifically test knowledge of that state’s law.

Bar exams also usually consist of the Multistate Bar Examination, which is a multiple-choice standardized test created and sold to participating state bar examiners by the National Conference of Bar Examiners since 1972.^[12] The MBE contains 200 questions which test six subjects based upon principles of common law and Article 2 of the Uniform Commercial Code.

The State of Washington has a separate Law Clerk program under Rule Six of the Washington Court Admission to Practice Rules.^[13] A college graduate of good moral character may be accepted into the four-year Rule Six Law Clerk Program, obtain employment in a law firm or with a judge for at least 30 hours a week and study a prescribed Course of Study under a tutor. After successful completion of the program, a law clerk may take the Washington State Bar Exam and, upon passing, will be admitted as an attorney into the Washington State Bar Association.

Degrees in law[edit]

The degree earned by prospective attorneys in the United States is generally a Juris Doctor (Latin for «Doctor of Jurisprudence»; abbreviated J.D.).^[14]

The highest law degrees obtainable in the United States are Doctor of Juridical Science (Scientiae Juridicae Doctor, abbreviated S.J.D. or J.S.D.). The S.J.D. is akin to an academic degree that, like the Ph.D., is research-based and requires a dissertation (an original contribution to the academic study of law).

The LL.M. is generally earned by completing studies in a particular area of law. LL.M. is an abbreviation of the Latin Legum Magister, which means Master of Laws. For example, most accredited law schools in the United States require basic coursework in Federal Taxation. After earning a J.D., an attorney may seek admission to an LL.M. program in taxation. Earning the LL.M. requires completion of coursework in the area of tax law. There is no requirement for attorneys to complete an LL.M. program to practice law in the United States, and relatively few attorneys hold an LL.M. In the U.S., for example, some states allow foreign lawyers to seek admission to the bar upon completion of an LL.M., while in other states, a J.D. is required. The LL.M. degree is viewed with great skepticism by many U.S. educated lawyers as a relatively easy means for foreign lawyers to gain access to bar admission in certain states without the rigorous training in core subjects taught during the first and second years of U.S. law schools.

Law students in court[edit]

Some courts allow law students to act as «certified student attorneys» after the satisfactory completion of their first year of law school and the completion of particular second- and third-year courses with subjects such as evidence.^{[citation needed]}

Many states allow students to argue in front of a court as a certified legal intern (CLI), provided they meet certain prerequisites, such as having completed at least half of their law education, having taken or be taking the law school’s ethics class and being under the supervision of a qualified and licensed attorney.^{[citation needed]}

Unlicensed practice of law[edit]

Some states provide criminal penalties for falsely holding oneself out to the public as an attorney at law and the unauthorized practice of law by a non-attorney.^{[citation needed]}

An Attorney at law or lawyer must be an individual admitted to a state bar and licensed by a state, not just a person with a professional law degree.^{[citation needed]}

A few areas of law, such as patent law, bankruptcy, or immigration law, are mandated by the U.S. Constitution to be strictly under federal jurisdiction. In this case, state courts and bar associations are not allowed to restrict the practice of that field of law.^{[citation needed]}

See also[edit]

• Contract attorney
• Post-law school employment in the United States
• Teen courts

References[edit]

External links[edit]

• Lawyers — employment and earnings estimates for employed lawyers, Bureau of Labor Statistics (BLS)