between a lawyer and an attorney? oh, and who can call themselves "esquire".
2007-03-14 09:29:21 · 8 answers · asked by Pooks 6 in Politics & Government ➔ Law & Ethics
There's no difference. The terms are completely interchangeable.
And any attorney may use the Esq. title.
2007-03-14 09:35:33 · answer #1 · answered by Anonymous · 0⤊ 2⤋
A "lawyer" is someone who knows the law and has been admitted to the bar. He advises his clients about their legal rights and often pleads their cases in a court of law. In the strictest sense an attorney need not be a lawyer; in other words, he need not be someone who practices law. An "attorney" is someone empowered to act in a legal capacity on someone's behalf. For example, when you give the power of attorney to someone, you are authorising the individual to act on your behalf. This individual need not be a lawyer; he could be anyone - your brother, husband or friend. If you wish to use the word "attorney" to mean "lawyer", then the correct term is "attorney at law".
An Esquire is someone who is a member of the Bar, and generally denotes this with the abbreviated "Esq." However, this is not a required practice. In England, an esquire makes a distinction between a barrister (Esquire) and a solicitor (a gentleman).
2007-03-14 16:39:06 · answer #2 · answered by Jack Chedeville 6 · 1⤊ 1⤋
Actually, a lawyer is someone lawfully engaged in the practice of Law (licensed by the jurisdiction to do so). An attorney is someone empowered to act on someone else's behalf.
Most of the time, attorneys are lawyers, but if you have a document giving you Power of Attorney to make a legal obligation on someone's behalf (such as signing a mortgage or a deed for an absent spouse), you are their attorney.
As someone once said here, "a lawyer represents someone in their presence, an attorney represents someone by their presents (documents)".
Most states limit who can add "esq" or "esquire" to their names to people who are permitted and actively engaged in the practice of Law. It's not a "title" as forbidden by the Constitution any more than is saying "John Doe, Master Carpenter". It's just a permitted designation to tell the public that one is engaged in a specific occupation.
2007-03-14 16:43:17 · answer #3 · answered by open4one 7 · 3⤊ 0⤋
Lawyer is the general term for a person trained in the law and authorized to advise or represent others in legal matters. Attorney always refers to a lawyer legally empowered to act for a client, as in drawing up a contract or will, settling property, etc. Esquire is used for lawyers, male or female, in the U.S.
2007-03-14 16:41:01 · answer #4 · answered by Anonymous · 1⤊ 1⤋
They are both the same thing - people who have attended law school and passed a bar exam.
Those that have passed the bar exam can put the "Esq." for Esquire after their name if they want to impress their friends and other attorneys.
2007-03-14 16:53:26 · answer #5 · answered by EthanHunt 3 · 0⤊ 2⤋
The terms are interchangeable, in common usage.
Some state laws or court rules may define them different, however. The most common split I've seen is that one refers to someone licensed to practice law in that state, while the other refers to someone licensed to practice law in any state.
But you'd have to check the local definitions to see which is which. Most states don't make the distinction.
2007-03-14 18:19:03 · answer #6 · answered by coragryph 7 · 1⤊ 2⤋
There is no difference. One in the same.
2007-03-14 16:36:15 · answer #7 · answered by panthrchic 4 · 0⤊ 1⤋
In the US, they are all the same.
2007-03-14 16:47:08 · answer #8 · answered by American citizen and taxpayer 7 · 1⤊ 2⤋