What Is The Distinction Between An Attorney, Lawyer, Barrister, And Esquire?
The legal profession has as many variations in titles. The titles: attorney, lawyer, barrister and Esquire are frequently used, sometimes interchangeably. By definition, each has a unique meaning.
Attorney: Generally speaking, an attorney, or attorney-at-law, is a person who is a member of the legal profession. An attorney is qualified and licensed to represent a client within a specific judicial system. By most definitions, an attorney may act on the client’s behalf, hold power of attorney or guardianship, and plead or defend a case in legal proceedings in front of a judge, jury or both. The English word ‘attorney’ has French origins, where it meant “a person acting for another as an agent or deputy.”
Lawyer: A lawyer, by definition, is someone who is trained in the field of law and provides advice and aid on legal matters. The term ‘lawyer’ has English roots. Although the terms ‘lawyer and attorney’ are used interchangeably by many people, there is a distinction. Within some judicial systems, only ‘pre-qualified licensed’ person known as an attorney can present a case in front of the judge. In some cases, a lawyer in one judicial system can not provide legal advice in another judicial system unless he/she is ‘pre-qualified and licensed’ in that specific judicial system. For example, a California-licensed Attorney can not present a case in New York court, unless the California Lawyer is ‘pre-qualified and licensed’ by the New York Bar Association. When ‘pre-qualified and licensed’ within a specific judicial system, he/she becomes an attorney not a lawyer. However, this distinctive terminology is rarely used in the public media or within the legal community.
In the U.K, there are barristers, solicitors and esquires. A barrister generally performs trial work, especially in the higher courts, and does not deal directly with clients. A solicitor, on the other hand, speaks with clients, prepares documents and may appear as an advocate in a lower court. An Esquire is an honorary title that has little meaning and is even somewhat controversial. The term Esquire has English roots, where it was considered an honorary title and originally referred only to males. It is now used as a professional title, similar to the use of Dr. or Ph.D.
