There’s a Difference Between a Lawyer and an Attorney, Really?

Two kids were sitting side by side on swings in a park south of the pond by the river in Mesa, which runs through to Gilbert and Queen Creek. One boy asked the other, “Have you seen the old guy who just moved into the senior home around here?”

The other replied, “I haven’t seen him, but my mom talked to him. What about him?”

The first kid said, “I heard he just moved from Gilbert. Mom says he was a lawyer for the entire Phoenix Metro area! That’s a lot!”

“Well, that’s funny,” the other said. “My mom told me he was an attorney.”

“Maybe he had two jobs,” the boy mused. “Or maybe being an attorney and a lawyer is the same thing. Why don’t we go ask him?”

Not shy at all, the boys hopped off the swings and headed to the senior home. They found the older man sitting by the swimming pool.

One of the boys called out, “Hey mister! We were talking about you. We heard you were a lawyer or an attorney. Which was it?” They sat down next to him on the bench.

Surprised by their boldness but happy for the surprise company, the man welcomed them and said, “That’s a really good question. A person can be both, but there is a slight difference. Let me explain.”

He told them that he had practiced law for many years, mostly in Gilbert, Chandler, Mesa Queen Creek, and Phoenix, Arizona. Before that, he taught at a law school in Phoenix. He explained that most young people studying law wanted to become lawyers to help people solve their problems, which is what lawyers do. “People come to lawyers,” he explained, “to get help solving what is to them the biggest problem in their lives. People do not want to go to lawyers, but sometimes they must.”

“If that’s what lawyers do, what does an attorney do? Is there a difference? I’m betting there is. My friend says that there is no difference between an attorney and a lawyer, and I say there must be because they are two different words.”

“Well,” said the old man, “Let’s answer that the way that a lawyer or an attorney would answer that question—if they even know the difference. Most lawyers are not interested in such things. Questions like the difference between a lawyer and an attorney never even enter their minds—

that is why this is such a good question, and bravo to you two for taking the time to figure it out! It happens to be something that interests me, though.”

The boys nodded together, and one said, “Yes, most of our classmates are not that curious either. They learn what they must pass a test. No more.”

The old man smiled, “That should be just the beginning. You can never know too much, can you?”

The boys shrugged their shoulders.

“So, let’s start this way. In law school, you study opinions or case decisions written down by courts and use those to solve your client’s problems. Each case has its logic, and you try to find a case similar to your client’s problem and then use the logic of that case to solve your client’s problem. Now, regarding the difference between lawyers and attorneys, the courts in the United States have determined that the words “lawyers” and “attorneys” are synonyms. Do you know what a synonym is?

“I do,” said one of the boys, “two words that sound different but mean the same thing!” “Correct!” said the old man. “Can you think of an example of a synonym?”

The boys thought for a second, and then one of them said, “‘Shut’ and ‘close’ mean the same thing but sound different, right?”

“Right!” said the old man.

The boys smiled.

“Now, most people think lawyer and attorney mean the same thing, and they do, but there is a slight distinction. The word “attorney” derives from the Old French word for lawyer, “attorn,” while the word “lawyer” comes from the Old English word “lawe. According to a legal dictionary I read many years ago from Oxford, England, the word “lawyer” originated in Middle English between 1150 and 1500 and is a combination of the word “law” and the suffix “-er.” The earliest known use of the word was in 1377 by poet William Langland. The Middle English word Lawe also meant “a person who interprets the law.”

The boys seemed interested, so the old man kept going, “The term “lawyer” refers to someone who, for a fee, can give legal advice. This refers to advising on actions required or permitted by law and not forbidden by it. The law is created by governing political bodies or developed over the years to govern people’s actions. In a courtroom, a lawyer advises but cannot stand in for someone else. This is why Abraham Lincoln said, ‘A lawyer’s time and advice are his stock in trade.’ Time and advice. That is what a lawyer sells, not goods, get it?”

“So, a lawyer can give me advice but cannot be me?” one of the boys said. “Wow! Exactly. You are a smart couple of kids.”

“So, let’s continue. As I said, the words “lawyer” and “attorney” are used interchangeably, but in truth, there is a subtle distinction. An ‘attorney’ is someone authorized to act in place of another. They are an agent employed by a party to manage a matter and act on their behalf, doing the same job the appointing party could. Or, as a dictionary like Merriam-Webster’s might say, ‘one who is legally appointed to transact business on another’s behalf.'” (Attorney/Law Glossary. https://akbarthomas.com/law-glossary/attorney/)

One of the boys looked up and asked, “But do they both have to go to law school?”

The older man smiled. It had been a long time since he had interacted with any young people who were this curious.

“Normally, both lawyers and attorneys have graduated law school, but an attorney refers specifically to someone authorized to practice law – by taking and passing the bar exam, a test given by each state. If you pass, you get a license and become an attorney, and you can go to court or enter negotiations, say for an apartment lease, just like you were your client. You can bind them to your agreement with another person. But, if you do not take the bar exam or fail, but you pass law school, you are still a lawyer. The state has not authorized you to stand in the pace of another, go to court, and argue positions. Make sense?”

“Hmm,” said one of the boys. Please give me an example of a problem an attorney can solve.”

“OK,” said the old man, ” A lawyer can help someone who wants to buy a house but doesn’t have enough money. How can a lawyer help him secure the funds? A husband and wife no longer want to live together. How can a lawyer help resolve that? A man is in a car accident caused by a careless driver. How can he get money for his medical bills? These are just a few problems that require legal assistance, covering various branches of law. The first involves finance, the second domestic relations, and the third personal injury. Now, if the problem turns into a conflict, an attorney can then argue as if he or she were his client until a solution is found. A lawyer cannot.”

“You boys have worn this old man out. I am tired and must go in. We can continue this conversation whenever you want, but that is enough for today. I will understand if you never come back to visit this old man. If you do not, remember this phrase, advice that some people believe was given by Abraham Lincoln, but probably was not ‘Whatever you are, be a good one.'”