What Is the Difference Between an Attorney and a Lawyer?

While attorneys and lawyers have similar educational requirements and even job experiences, they are not the same. A person can both be an attorney, and a lawyer, but there is a distinction between the two terms. If you need legal advice or representation in court for legal issues, you need the services of an attorney. Alina Kats is an experienced immigration attorney and offers the best legal guidance to her clients. As a member of the NY State Bar Association and the American Immigration Lawyers Association (AILA), Alina Kats provides comprehensive immigration law services that can make a huge difference in your case outcomes.

For most people, there is no difference between a lawyer and an attorney and they end up using the terms interchangeably mainly because they describe an individual who practices law and provides legal services. However, it is important to understand what these terms could mean for you.

Read on to learn what attorneys and lawyers are, the differences between the two, and how you can choose the right legal professional for your case.

Who Is a Lawyer?

A lawyer is a law professional who has been through law school and completed the education and training in law. While lawyers can provide legal advice to their clients, and help them in preparing legal documents, they may not be able to represent them in court as they have not passed the bar exam.

Some lawyers work under supervising attorneys to gain experience in a law firm setting while preparing to take the bar exam. Many lawyers choose not to pursue their careers as attorneys and work as a consultant or government advisor without taking the bar exam.

A lawyer can do the following for you:

• Assist you in drawing up a will or developing a trust for your loved ones
• Provide legal advice about setting up or maintaining a business
• Advice you about legal tax issues
• Help you apply for citizenships, visas, green cards or when seeking asylum
• Prepare a prenuptial agreement
• Advise you regarding proper procedures for completing and filing a legal document
• Assist you in protecting your intellectual property through a trademark, copyright, or patent

An individual needs an undergraduate degree, which takes about four years of full time studies at an accredited university or college. Then they must successfully complete three years of legal education at an accredited law school.

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Who Is an Attorney?

An attorney is a law professional who has graduated from law school, obtained a law degree, and passed the written bar exam in the jurisdiction in which they practice law. Attorneys have the qualifications necessary to act as legal representatives for clients in a court of law and prosecute and defend actions in court proceedings.

Additional duties of an attorney include interpreting local and national laws, applying their knowledge of the law to meet the needs of their clients, and keeping careful records that outline their interactions with clients and other legal professionals.

Services of an attorney are required in the following situations:

• You are involved in a criminal or civil case that is going to trial before a judge or jury
• You need representation in a claim against the Internal Revenue Service (IRS)
• You want to negotiate compensation after an accident that involved injuries or property damage
• You need representation in a divorce proceeding or custody dispute
• You have an immigration matter to contest or defend in court
• You have filed a medical malpractice lawsuit, or a patient is suing you for medical malpractice

An attorney is the right person to help you if you need legal counsel. Attorneys work hard to protect your rights and interests and provide the best legal advice. They can also represent you in court, whether you are a defender or a plaintiff.

Your chances of having a positive outcome increase when you have an experienced attorney working on your case. The terms attorney and lawyer are often used interchangeably, but there are significant differences that you should know about before seeking legal assistance.

Differences Between a Lawyer and an Attorney

The biggest difference between a lawyer and an attorney is that a lawyer is someone who has studied the law and graduated from law school, but they may or may not have passed the bar exam. In contrast, an attorney is a lawyer who has graduated from law school, passed the bar exam, and is licensed to practice law.

While all the attorneys in the US are lawyers as they have completed the requirements to earn that title, not all lawyers are attorneys because some of them do not practice law in court. The difference lies in how they use their degrees. The word attorney denotes an additional level of service law professionals provide to their clients as litigators.

The distinction between the roles and duties of the two professionals are important to understand. Both are formally trained and educated in law, but how they use their education and training is often a key difference between attorney and lawyer.

Why Choose an Attorney?

Everyone has the right to legal counsel if they find themselves in legal trouble. While an individual holds the right to represent him or herself in a legal matter, hiring an attorney is better as they have legal knowledge and experience that a common man does not have.

The right attorney has a track record of representing clients in a variety of legal issues. A good attorney understands the legal process, including how to conduct a case in court, what filings are necessary, and how to negotiate with the other party. An attorney can also identify when there may be a violation of an individual’s constitutional rights.

Education and Exams

What makes lawyers and attorneys different is the education they both receive and what happens after they achieve their degrees. While they both graduate from law school and attain three years of study, an individual must pass the bar exam to become a practicing attorney. To practice in a given state, passing that state’s specific exam is essential.

Things are different with lawyers. Even though lawyers must complete law school, they do not have to pass the bar exam. A lawyer does not even have to take the exam. A lawyer can practice in a certain area without attempting to take a bar exam in any state.

Differences in Practice

Attorneys are legal professionals who practice in court, representing their clients who have gone to trial, either for criminal or civil issues. Attorneys must follow certain courtroom etiquette and code of ethics. On the other hand, lawyers do not always practice in the courtroom. They will provide legal advice and may act as an advisor in a case.

Attorneys Offer More All-Encompassing Services

As contrary to the popular belief, attorneys and lawyers are not same. While all attorneys are lawyers, not all lawyers are attorneys. An individual could graduate from law school but never become a licensed attorney and represent clients in courtroom.

How to Choose the Right Legal Professional for Your Case?

Choosing the right legal professional for your specific needs is essential when you are seeking legal representation or advice.

Considering the following factors when making your decision can help you make an informed decision:

• Experience and license – Search for a legal professional who holds a license to practice law in your jurisdiction. They should also have relevant experience in the area of law relating to your case.
• Communication and connection – You must develop a strong working relationship with your legal professional by assessing how they communicate and connect with you. You should feel comfortable disclosing your personal, legal details to them.
• Availability and responsiveness – The legal professional you approach should have the time and resources to work on your case, and respond to your needs timely and effectively.
• Reputation and track record – It is important to check the reputation and track record of the professional you are planning to hire. You can check testimonials, reviews and notable achievements of their firm to learn more about their accomplishments.
• Fees and costs – Learning about the possible expenses related to your case are crucial before moving forward and hiring a legal professional. You can also ask if they work on a contingency fee or charge by the hour.

Knowing which legal professional you will need is important. You can make the right choice by learning what services an attorney or a lawyer can provide. If you are going to court and need a licensed legal counselor to be your advocate, choose an attorney. If you just need some legal advice or guidance on a matter outside the courtroom, a lawyer can help you.

Alina Kats is a licensed, experienced NYC immigration attorney who provides personalized attention and dedicated legal representation for you and your family for matters related to immigration and visas. She understands that each case has a different background and circumstances and comes up with the best advice to help you whether you are interested in moving to or temporarily staying in the United States. With a proven track record of winning the most challenging and high-profile immigration cases, Alina Kats knows how to fight for your rights and achieve success.