When people face legal problems, whether it’s a divorce, a contract dispute, or a criminal charge, they often wonder whom to call: a lawyer or an attorney. The simple answer is that an attorney is a lawyer who is licensed to practice law, while a lawyer may not yet be licensed.
The two terms are used interchangeably in everyday language, but there are subtle differences between them. Many clients ask about the “attorney vs lawyer” distinction when starting their legal journey, so let’s take a closer look at what each term means and how they apply in Texas and beyond.
What Is a Lawyer?
A lawyer is someone who has completed law school and earned a degree known as a Juris Doctor (J.D.). This means the person has studied the law and understands its theory, history, and practice. However, not every lawyer is authorized to represent clients in court.
In Texas and other states, a person must pass the bar exam and meet other state-specific requirements to be licensed to practice law. A person who has completed law school but has not yet passed the bar exam can refer to themselves as a lawyer, but they cannot represent clients in legal proceedings or provide formal legal advice. In other words, a lawyer is trained in law, but being licensed is what determines whether they can actively practice.
What Is an Attorney?
An attorney is a lawyer who has passed the bar exam and been admitted to practice law in a particular state. So, when someone asks what an attorney is, the most accurate answer is that an attorney is a lawyer who is legally qualified to act on behalf of clients in legal matters.
Attorneys can represent clients in court, draft legal documents, and provide legal advice. The term “attorney” originates from the French word atorné, meaning one appointed or assigned to act for another. That definition reflects what attorneys do every day: they act as advocates for their clients, ensuring their rights are protected. Once a lawyer becomes licensed, they may also be referred to as an “attorney-at-law,” signifying their ability to represent clients within the legal system.
Attorney vs Lawyer: Is There a Real Difference?
When comparing an attorney versus a lawyer, it helps to remember that all attorneys are lawyers, but not all lawyers are attorneys. The distinction depends on whether the person is licensed to practice law.
In everyday usage, however, the difference is minimal. Most people use both terms to refer to anyone who practices law professionally. For example, if you’re hiring someone to handle your divorce or write a will, you’ll likely refer to them as your “lawyer” or “attorney,” and both would be correct if they are licensed.
Still, the difference between attorney and lawyer matters in specific legal or academic contexts. For instance:
- A lawyer can refer broadly to anyone with legal education, experience, or skill, regardless of whether they actively practice law.
- An attorney specifically denotes a licensed legal representative who can appear in court and handle client matters.
In short, the distinction is mostly technical, but essential when discussing qualifications or legal authority.
Lawyer vs Attorney in Practice
In Texas, both attorneys and lawyers are required to meet ethical standards and adhere to professional conduct rules. However, only licensed attorneys are permitted to represent clients in court or provide legal advice for compensation.
For example, a law professor who teaches at a university but does not practice law is a lawyer but not an attorney. Similarly, a recent law school graduate studying for the bar exam is considered a lawyer. Still, they will only become an attorney after passing the bar and receiving a license to practice law.
In contrast, an attorney actively represents clients, files motions, negotiates settlements, and argues cases before a judge. They are responsible for upholding the highest professional and ethical standards when advocating for their clients.
Contact a Houston Family Attorney at KGK Family Law
If you’re still wondering what the difference is between a lawyer and an attorney or need representation in a family law case, we are here to help. Our team can answer your questions, clarify your legal rights, and help you take the next step with confidence.
Call (281) 598-6520 or contact us online to schedule a consultation today. Whether you’re seeking guidance from a lawyer or an attorney, we are committed to providing the experience, knowledge, and care your case deserves.
We serve Houston, Sugar Land, and throughout Texas. Visit any of our offices at:
KGK Family Law – Houston Office
7700 San Felipe St #505
Houston, TX 77063
KGK Family Law – Sugar Land
