In the United States, people frequently use the terms “lawyer” and “attorney” interchangeably, even in the legal profession. When people make a distinction, however, it often roughly resembles the distinction between “barrister” and “solicitor” in British law. Although this analogy is definitely an oversimplification, it should give you a general idea of the distinction between attorney and lawyer.
Background: Legal Education in the United States
In the United States, there is no undergraduate major in law. Universities offer law strictly at the graduate level. The “law school” that you need to graduate from to become a lawyer offers a general education in law, not specialized instruction in particular subfields of law. You must graduate from law school to even sit for the bar exam, and you cannot obtain a license to practice law without passing the bar exam.
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What is an Attorney?
In the United States, an attorney is someone who studied law and who is licensed to practice law in at least one US state. An attorney can directly represent clients relating to in-state legal matters and sometimes federal matters. There are other uses of the word “attorney,” such as in the term “power of attorney,” that are beyond the scope of this post.
An attorney can appear in court on behalf of clients, while a lawyer who is not a licensed attorney cannot. This is the most obvious distinction between an attorney and a lawyer. An attorney can also perform any legal act that a lawyer can perform. It is fair to say that when a distinction is made between lawyer and attorney, all attorneys are lawyers, but not all lawyers are attorneys.
What is a Lawyer?
It’s difficult to overemphasize the fact that when most people use the term lawyer, they mean attorney. However, where there is a distinction, most people who make it refer to a lawyer as someone who graduated from law school with a Juris Doctor (JD) degree but holds no license to practice law. Some people also use the term lawyer to refer to someone who holds a license to practice law in a foreign country but not in the United States.
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What Activities Can a Lawyer Perform?
A lawyer who is not an attorney can perform many activities that an attorney can perform except appear in court, sign certain documents, and represent clients in their own name. These activities include:
- Drafting contracts;
- Preparing certain aspects of immigration visa applications;
- Interview clients, gather information, and communicate with them about the progress of their cases (while making it clear they are not providing legal advice).
- Organize case files, manage deadlines, and assist with trial preparation.
The products of a lawyer’s activities (a contract, for example) require the supervision and approval of a licensed attorney before they reach a client or a court.
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Is a Paralegal a Lawyer?
Very few people would refer to a paralegal as a lawyer. The reason for this is that paralegals don’t have to graduate from law school, which provides lawyers with the theoretical foundation that they need to act as lawyers or practice law. Although special academic programs exist to train paralegals, a paralegal’s education differs from that of a lawyer.
The Unauthorized Practice of Law
In Louisiana, you engage in the unauthorized practice of law when you perform activities that the law defines as “the practice of law” without being licensed as an attorney at law. Such activities include providing legal advice, representing clients in court, drafting legal documents that impact substantial rights, and negotiating settlements, among other activities.
Essentially, you engage in the unauthorized practice of law when you perform actions that require the knowledge, skill, and judgment of a licensed attorney. Louisiana law, as well as the law of every other state, prohibits such actions. Engaging in the unauthorized practice of law can result in injunctions, fines, and even criminal charges.
Do You Need Legal Assistance? Contact our North Louisiana Litigation Lawyers at Knight Law Firm for Help Today
If you are involved in a family law dispute such as child support or child custody, you probably do need the assistance of an experienced Louisiana attorney. Schedule a free initial consultation with Knight Law Firm to learn more about your options.
For more information, contact our experienced Shreveport divorce lawyers at Knight Law Firm to schedule a consultation.
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Knight Law Firm – Shreveport Office
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Shreveport LA 71101
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