What Are the Material Differences Between a Lawyer and an Attorney?

In common usage in the United States, there is effectively no material difference between the terms “lawyer” and “attorney”—they are generally used interchangeably. However, there are some technical distinctions worth noting:

An attorney, or more precisely an “attorney at law,” is someone who:

  • has earned his/her law degree (Juris Doctor or equivalent)
  • has passed the bar exam in his/her jurisdiction
  • is licensed to practice law and represent clients in court

A lawyer is technically someone who has graduated from law school with a law degree, regardless of whether he/she has:

  • taken the bar exam
  • passed the bar exam
  • been admitted to practice law

Thus, while all attorneys are lawyers, not all lawyers are attorneys. For example, someone who graduated from law school but never took or passed the bar exam would technically be a lawyer but not an attorney. Similarly, someone who went to law school but chose to work in business or academia without getting licensed would be a lawyer but not an attorney.

The distinction largely stems from historical usage where “attorney” specifically referred to someone authorized to act on another’s behalf in legal matters. However, in modern American usage, this distinction is rarely observed, and the terms are treated as synonyms.

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