The terms “lawyer” and “attorney” are often used interchangeably, leading to confusion about whether there is any real distinction between the two. While they do share similarities and overlap significantly, there are some key differences that set them apart. Getting clarity on those differences can help the public better understand legal roles and capabilities.
Both lawyers and attorneys have the option to specialize in different legal practice areas after finishing the necessary formal education. They also both must provide legal advice and representation to clients. However, their jurisdiction, work settings, credentialing requirements and specific job duties can differ. As this article will cover, while all attorneys are considered lawyers, not all lawyers are attorneys.
Attorney Job Title Meaning
The distinction is subtle but important – “attorney” is regarded as more of an official designation with the license to legally represent others. According to Cornell Law School’s Legal Information Institute, an attorney is “someone who practices law, as a barrister, counselor, or solicitor; a lawyer.” Essentially, an attorney is someone who has met all the formal qualifications to provide legal services and advice to clients, and has obtained professional licensure indicating he or she has permission from the court to legally represent others.
The Licensure Makes the Difference
What truly makes someone an “attorney” is holding a valid license to practice law. This license gives them the authority to legally represent and counsel clients. To obtain this licensure, prospective attorneys must:
- Earn an undergraduate degree – While no specific major is required, common relevant undergraduate majors for future attorneys include political science, philosophy, history, English or communications
- Complete 3 years of law school resulting in a Doctor of Jurisprudence (JD) or Juris Doctor (JD) degree
- Pass the bar exam for the state(s) where they intend to practice
Once licensed, an attorney can decide to practice:
- Privately in their own firm
- As part of a larger private firm with multiple attorney partners
- In the public sector for the government
- As in-house counsel providing specialized legal services for a single business or organization
So in summary, think of an attorney as someone who has met the formal educational and testing requirements, obtained official licensure, and can legally provide representation.
What is a Lawyer?
Now that we’ve defined what an attorney is, what exactly is a lawyer? Technically speaking, lawyers are professionals who have earned a law degree and provide services like:
- Advising clients on the law
- Providing legal representation
- Drafting legal documents
- Conducting legal research
However, unlike attorneys, lawyers do not always need licensure or as much formal education to perform those functions. There are some types of lawyers, like paralegals and apprentice lawyers, who can provide certain legal services without needing to pass the bar exam to prove competency.
Paralegals, also called legal assistants, aid attorneys with preparing cases and can conduct document drafting and legal research. Paralegals must complete an associate’s or bachelor’s degree program in paralegal studies rather than attending law school.
Newly graduated law students can work under a licensed attorney as apprentice lawyers for a certain period of time determined by the state, such as 9 months in California and 12 months New York. Apprentice lawyers utilize this temporary provisional period to prepare for the official state bar exam.
So all attorneys could be considered lawyers since they have a law degree and provide legal services. However, some types of lawyers like paralegals and apprentices do not have law degrees or active licenses permitting them to offer clients full representation or courtroom litigation privileges.
Key Similarities Between Attorneys and Lawyers
- Both help clients understand legal challenges and solutions
- Both stay up to date on state and federal laws
Key Differences Between Attorneys and Lawyers
- Only attorneys are fully licensed to provide legal representation
- Attorneys have passed all educational and testing requirements (including a bar exam) while some lawyers have not
Now that we’ve clarified the meaning of these two important legal roles, let’s go deeper into comparisons around education paths, testing, privileges and career specializations.
Education Paths to Become an Attorney vs. Lawyer
Attorneys have more extensive formal education requirements, so the credentialing journey takes longer. Here is a comparison of common education paths:
Attorney:
- Earn bachelor’s degree
- Complete 3-year Juris Doctor law program
- Pass state bar exam
Lawyers: Paralegals and legal assistants
- Earn associate’s or bachelor’s degree in paralegal studies
Apprentice lawyers working under licensed attorneys
- Earn law degree
- Work provisionally before passing bar exam
The bar exam makes the key difference here – passing this rigorous 2-day assessment is required for full attorney licensure privileges. All U.S. jurisdictions require attorneys to have a law degree and hold a license. This ensures competency standards are met before attorneys gain authority to legally bind clients into agreements.
Comparing the Bar Exam vs. Other Lawyer Credentialing
The bar exam is arguably the most difficult step for aspiring attorneys, so it warrants a deeper look into exactly what this assessment entails. Administered over 2 intense days, the bar exam itself has 4-main components:
- Multistate Bar Examination (MBE) – 200 multiple choice questions covering 7 key areas of law. This makes up 50% of scoring.
- Multistate Essay Examination (MEE) – 6 essay questions where applicants argue both sides of a legal issue and analyze a fact pattern case. This makes up 30%
- Multistate Performance Test (MPT) – Assesses practical lawyering skills through realistic legal case assignments. This makes up 20%
- State-specific exam portion – Covers unique elements of that state’s laws, statutes and ethical standards. Requirements vary significantly by state.
Passing scores range by state from 260 to 280 on a 400 point scale. So as you can see, the bar exam requires broad, in-depth mastery of local and national law. Significant study time is required to prepare – an average of 6-8 weeks of 10-12+ hours daily prep is the norm. Significant study time is required to prepare for the bar exam – an average of 6-8 weeks of 10-12+ hours daily prep is the norm, often aided by enrolling in a bar exam prep course.
For lawyers that are not full attorneys, requirements vary:
- Paralegals – No testing or licensure requirements
- Apprentice lawyers – Will take the bar exam at expiration of provisional work period, ranging from 9 months up to 3 years depending on the state
So while most standard lawyers must pass the bar before representing clients solo in court, they can still assist licensed attorneys with certain legal matters like research or document drafting beforehand.
Legal Specializations Available
Whether on track to become an attorney or another type of lawyer, choosing an area to specialize in leads to better career opportunities and higher pay potential. Though lawyers do not have to immediately pick a focus right away, narrowing in on specializations usually occurs after getting some initial experience in law school summer associate programs or working alongside other attorneys.
Here are some of the common legal disciplines that attorneys can choose from:
- Criminal – represent those accused of crimes
- Corporate – facilitate business transactions, cases & agreements
- Tax – advise individuals or corporations on local and federal tax laws & filings
- Intellectual property– handle copyright, trademark and patent matters
- Family/divorce – help clients navigate custody, marital property division & alimony
- Employment/labor – represent employees or employers/management
- Personal injury/wrongful death – help clients seek restitution for loss/damages
- Bankruptcy– provide guidance on debt relief & liquidation options
- Environmental – deal with pollution, climate and wildlife conservation policies/litigation
- Estate planning – create wills, trusts and wealth transfer mechanisms
We’ve only scratched the surface here as dozens more niche specializations exist like social security disability, medical malpractice defense and wine law. Urban vs. rural settings can also dictate different legal needs. The popularity of focus areas can shift over time as well based on current events and changes in statutes impacting businesses or individuals. For example, employment discrimination lawyers may be in high demand during a recession. On the other hand, with emerging technology like cryptocurrency and blockchain comes a need for lawyers specializing in digital asset policy and litigation.
Attorney Work Settings & Environments
There are also a variety of work settings an attorney can consider from big law firms to private practice:
Solo firm – Going solo allows total independence but can be riskier for new attorneys and involves handling all firm administration. This path appeals most to experienced lawyers seeking greater pay, flexibility and autonomy over case volume/type. Per the American Bar Association, 34% of America’s lawyers are solo practitioners.
Big law firm – America’s largest law practices of 500+ attorneys provide training but also expect long hours. Senior partners earn the highest profits while junior level associates tackle grunt work. The National Association for Legal Career Professionals denotes that around 16% of attorneys work in big law.
Small firm – A compromise between big law and solo shops, small firms with just 2 to 30 attorneys enable camaraderie and representation flexibility while lacking the brand power of huge global practices. Approximately 48% of attorneys inhabit these close knit, often highly specialized firms.
In-house counsel – Rather than taking on external clients, in-house counsel positions plant attorneys alongside management within sizable companies, government agencies or other large organizations as subject matter legal experts for that entity. In-house counsel enjoy set schedules versus chasing billable hours in firms but also have less variety. Around 8% to 10% of lawyers transition into in-house roles.
Legal aid – For attorneys driven more by helping underserved groups than profits, legal aid/public defender offices provide government or nonprofit funding to represent lower income clients at low bono or no cost based on strict eligibility criteria. Approximately 3% of lawyers staff legal aide offices.
Comparing Attorney vs. Lawyer Salaries
It’s no secret that attorneys have the potential for commanding impressive salaries over their careers. But exactly how much do lawyers make compared to their licensed attorney counterparts?
According to Glassdoor data, average attorney salaries range from $55,474 for public defenders to $208,264 at the partner level of large law firms. Overall across environments/experience levels, average attorney salaries land at $110,201.
Lawyers like paralegals make quite a bit less, averaging around $52,920 per year according to PayScale in the United States. However, paralegal salaries are on the rise with increasing demand – as of May 2021 reaching an average of $56,610 according to the Bureau of Labor Statistics. Legal assistants gain experience that can springboard them into attorney roles down the road as well.
Apprentice lawyers earn less too at the start without yet having licenses to command higher legal fees. However, after passing the bar exam and putting in those first years of service doing legal research and otherwise supporting licensed attorneys, apprentice lawyer salaries jump up significantly.
While all lawyer salaries vary by location and firm size, this comparison reflects the general earning power distinctions granted by those three little letters “JD” after an attorney’s name.
Which Career Path is Right For You?
Debating between going all-in to become a licensed, barred attorney versus carving an alternative path to utilize your legal skills? There are pros and cons to each route.
Ultimately you must decide if maximizing earning ceiling and broad legal representation abilities warrant taking on six figures of law school debt and memorizing arcane bar exam study guides. The delayed compensation of three years of law school and grueling licensing exams deters some who decide paralegal or apprentice-to-attorney tracks better fit their needs.
For those drawn to helping others fight injustice, public defense attorney roles provide a noble avenue sans corporate expectations. And signing on with a small firm rather than attempting to make partner in a giant global entity grants better work-life balance.
While attorneys and lawyers share similarities and are easily confused, legal professionals should recognize these tangible dividing lines defining their practice, privileges and pay. Getting clear on which path aligns best helps those entering legal careers progress smoothly from graduation to rewarding roles serving client needs.
