Difference Between Lawyer And Attorney

Understanding the Difference Between a Lawyer and an Attorney In Texas

You may find sources pointing out fundamental distinctions between a lawyer and an attorney. In reality, however, there are few real differences.

Some such sources argue that a lawyer has undergone legal training in an accredited law school but hasn’t passed the state bar exam, while an attorney is a lawyer who has also passed the bar exam in their state and is qualified to represent clients in legal proceedings.

However, the American Bar Association refers to a lawyer or attorney, also known as counsel or counselor, as a licensed legal professional who can practice law. Each state requires lawyers or attorneys to pass its bar exams, pass an ethics review, and take an oath to support state and federal laws in order to get licensed.

Requirements To Practice Law In Texas

For one to practice law in Texas, they need to meet the following requirements:

Have a Juris Doctor degree from an accredited law school

Pass a character and fitness evaluation

Pass the Texas Bar Exam

Comply with the mandatory continuing legal education requirements

The State of Texas takes cases of unauthorized legal practice seriously. Often, lawyers authorized to practice law in one state may need or want to offer representation in a different state. In such instances, each state has guidelines that apply to lawyers seeking to advocate for clients in a state where they haven’t passed the state’s bar exam.

Difference In Practice

Lawyers and attorneys can perform the same duties (which is unsurprising since they’re the same thing).

These duties include:

Setting up corporations

Advising on intellectual property rights such as patents, copyrights, and trademarks

Offering guidance on tax issues

Creating prenuptial agreements

Drafting and reviewing contracts

Pursuing compensation in personal injury cases or wrongful death lawsuits

Dealing with immigration matters

Negotiating plea deals in criminal cases

Handling family law matters like divorce, child custody, and child support

Those who argue that there’s a difference between a lawyer and an attorney sometimes cite a distinction in the duties and legal authority of the two. Some sources claim that attorneys have higher legal authority than lawyers, as only attorneys can directly represent clients in court, sign certain legal documents, and negotiate pleas and settlements.

At any rate, not all cases require litigation, which means an attorney spends most of their time out of court preparing cases, writing legal documents, performing research, and giving legal advice.

Should You Call an Attorney Or a Lawyer?

The titles “lawyer” and “attorney” both refer to a professional who’s legally authorized to provide legal guidance and representation to others. Finding someone competent who you can trust to handle your legal issues is much more important than the name you call them.

Credentials are important, but so are knowledge, experience, and a track record of success. You want to make sure your representative has all the necessary qualifications to bring your case to a satisfactory resolution.

How Can You Tell if Your Legal Representative Is Qualified To Represent You?

Besides exhibiting a strong track record, a lawyer must comply with the State Bar of Texas’s requirements to practice law in the state.The Texas Disciplinary Rules of Professional Conduct require your lawyer to inform you that they’re a member of the State Bar. Legal professionals who misrepresent themselves risk disciplinary action. You can check the State Bar of Texas’s website to confirm that your chosen attorney is qualified to represent you in Texas courts.

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Difference Between Lawyer And Attorney