In the US the words are often used interchangeably, but an attorney is a lawyer licensed to represent clients in court, while “lawyer” simply means someone trained in law.
In the US
The terms are often used interchangeably. A lawyer is anyone trained in law (a law school graduate). An attorney (attorney-at-law) is a lawyer who is licensed to practice and represent clients in court.
Becoming one
Law school (JD) and passing the bar exam in the state.
Other countries
In the UK, the terms solicitor and barrister are used instead.
Origin
“Attorney” comes from a French word meaning “one appointed to act for another”.
Types
Criminal defense, family, corporate, immigration and personal injury attorneys.
Hiring
Check your state bar for licensing and discipline.
Not an attorney
Paralegals and law students can’t give legal advice.
Basic meaning in the US
In the United States, the words are used almost interchangeably. All attorneys are lawyers, but a lawyer is not necessarily an attorney. A lawyer is anyone who has gone to law school and studied law. An attorney, or attorney-at-law, is a person who has passed the bar exam, is licensed by a state to practice law and can represent clients in court and give legal advice.
How someone becomes an attorney
- Earn a bachelor’s degree, taking four years.
- Take the Law School Admission Test (LSAT).
- Complete a Juris Doctor (JD) degree, which takes three years at an ABA accredited law school.
- Pass the bar exam of the state where they want to practice. Pass rates vary, for example about 60% to 78% of first time takers in many states.
- Pass a character and fitness review.
- Take an oath and be admitted to the state bar.
Some states, such as California, Vermont, Virginia and Washington, allow apprenticeship “reading the law” as an alternative.
Other countries
In the UK, the word lawyer is a general term, while solicitors advise clients and prepare cases, and barristers argue in higher courts. Canada uses barrister and solicitor together. In many countries “attorney” is not used. The word “advocate” is used in India, Scotland and South Africa.
Origin of the word
“Attorney” comes from Old French “atorne”, meaning someone appointed to act for another. “Lawyer” comes from Middle English “lawyere”, a person versed in law. An attorney-in-fact is a person authorized by a power of attorney to act for another, and does not need to be a lawyer.
Types of attorneys
- Criminal defense and prosecutors.
- Family law, including divorce and custody.
- Personal injury.
- Immigration, estate planning, tax, and business law.
- Intellectual property and employment law.
Lawyers who work in the government include prosecutors, public defenders, and the Attorney General, who leads the Department of Justice.
Hiring an attorney
- Check the license with your state bar association.
- Ask about fees: hourly (commonly $150 to $500 or more), flat fee, or contingency, where the lawyer takes a percentage, often one third, of the money recovered.
- Ask about experience in your type of case.
- Get fee agreements in writing.
Not an attorney
A paralegal, legal assistant or a law school graduate who has not passed the bar cannot represent clients or give legal advice, though they may help under supervision.
Licensing and discipline
Every US state requires lawyers to pass the bar exam, and many require a character and fitness review plus the Multistate Professional Responsibility Exam. The American Bar Association counted about 1.3 million active lawyers in the US in 2023. State bars investigate complaints and can issue reprimands, suspensions or disbarment. Clients can check a lawyer’s license and discipline record on the state bar website. Fees vary: hourly rates commonly range from 150 to 500 USD, flat fees apply for simple matters, and personal injury attorneys usually work on contingency, taking about 33 to 40 percent of the recovery.
Based on data from the American Bar Association
