Do the Words Lawyer and Attorney Mean the Same Thing in Texas? A Houston Personal Injury Attorney Provides Some Answers.

The short answer is that the words “lawyer” and “attorney” mean the same thing in Texas and other American jurisdictions, despite some other online sources incorrectly claiming otherwise.

This blog discusses more about the modern meaning and usage of the terms “lawyer” and “attorney” in Texas and where these terms originated. This blog also discusses common myths found in some online sources incorrectly claiming that “attorney” and “lawyer” mean different things in Texas, explains why these assertions are incorrect, and discusses some possible explanations regarding the origins of these myths.

1. In Modern Usage, the Words Lawyer and Attorney Mean the Same Thing in Texas and Other American Jurisdictions

Most Americans use the words “attorney” and “lawyer” interchangeably in conversation. American Movies, tv shows, news sources, and other media also use these words synonymously. Every so often, the question comes up: “do the words lawyer and attorney actually mean the same thing?”

The short answer is yes. In Texas and other United States jurisdictions, the words “attorney” and “lawyer” do mean the same thing in modern usage. Both terms are used interchangeably to describe someone who has successfully completed law school, passed the Bar Exam, and is actively licensed to practice law in Texas and/or another jurisdiction of the United States.

As confirmed in an article published by the US News and World Report, in modern American usage, the terms “attorney,” “lawyer,” and “counselor” are all synonyms. The decision which of these words to use at any given time is a matter of personal choice or preference by a licensed legal practitioner. Using one of these terms as opposed to another does not convey any distinction regarding legal services, qualifications, or credentials.

The words “attorney” and “lawyer” are also listed as synonyms by Merriam-Webster dictionary. The American Bar Association and the State Bar of Texas likewise both use the terms “attorney” and “lawyer” interchangeably to refer to a licensed legal practitioner who is engaged in the practice of law. Similarly, the U.S. Department of Labor also uses these terms interchangeably.

1. What are the Origins of the Words Attorney and Lawyer?

The word attorney originates from the midde English word attourne, which in turn originates from the old French word atorné, a past participle of the word “attorn” meaning “one who is appointed or constituted.” An alternate past spelling of the word which is no longer used and is now obsolete but was used in the past, primarily in Scotland, is actorney.

The word lawyer originates from middle English as a combination of the word law and the suffix “yer”. Alternate spellings of the word which are not used currently and are now obsolete but were used in the past include alternate spellings such as lawer, lawier, and lawyor, as well as several other variations.

iii. Other Online Sources Incorrectly Claim Lawyer and Attorney Mean Different Things in Texas and Other American Jurisdictions: A Deeper Look into these Alleged Differences in Meaning Between “Attorney” and “Lawyer”, an Explanation why they are Incorrect, and a Discussion of the Possible Origin of these Misunderstandings

Numerous online sources incorrectly claim the words “attorney” and “lawyer” mean different things in Texas and other American jurisdictions. The majority of these sources generally provide one of two main explanations as to why they claim “lawyer” and “attorney” mean different things in Texas and other American jurisdictions. A summary of each as well as a discussion of why they are inaccurate and where they may have originated is provided below.

1. Some Online Sources Incorrectly Claim That “Lawyer” Refers to Someone Who Completed Law School Whereas “Attorney” Refers to Someone Licensed to Practice Law- A Deeper Look Into Why this Claim is Incorrect in Texas and Other American Jurisdictions

One of the common myths found in online sources that incorrectly state “attorney” and “lawyer” mean different things in Texas or other American jurisdictions is the claim that “lawyer” refers to someone who has only completed law school, whereas an “attorney” refers to someone who has actually passed the Bar Exam and is actively licensed to practice law. However, this statement is incorrect, as discussed in greater detail below.

In modern usage, “attorney” and “lawyer” are used interchangeably in Texas and other American jurisdictions and actually mean the same thing. The State Bar of Texas itself uses the terms “lawyer” and “attorney” interchangeably to refer to professionals who have passed the Bar Exam and hold an active license to practice law.

The American Bar Association is a nationwide organization, and it also uses both the terms “attorney” and “lawyer” interchangeably to refer to someone who is actively licensed to practice law in one or more jurisdictions.

Americans generally use the term “lawyer” in regular conversations to refer to someone who has a law license and is practicing law. Likewise, in American media of various kinds, the term “lawyer” also refers to someone who has a law license and is practicing law. There does not appear to be anything to support the claim that regular Americans commonly refer to someone who graduated law school but has not passed a Bar Exam or received a license to practice law as a “lawyer.” There also do not appear to be specific examples to support the claim that American media commonly refers to a law school graduate who has not passed a Bar Exam or received a license to practice law as a “lawyer.”

Someone who successfully completes law school in the United States receives a Juris Doctor degree, often abbreviated as a “J.D.” If someone has received a J.D. but is not actively licensed to practice law, it is customary in Texas and other American jurisdictions to add the abbreviation J.D. after that person’s name to signify that this person has successfully completed law school and received their degree for completing this achievement. The use of the honorific “J.D.” to refer to law school graduates who are not licensed to practice law is similar to the use of the abbreviation “M.B.A” being added to the end of someone’s name as an honorific to indicate that they successfully completed business school and received a Master of Business Administration degree, or “PhD” being added at the end of someone’s name as an honorific to recognize that they received a Doctor of Philosophy degree.

It is certainly possible that someone somewhere in the United States may use the term “lawyer” to refer to a law school graduate that has not passed a Bar Exam and is not licensed to practice law, and it is likewise possible that a media source will occasionally do the same. However, as discussed above the use of the word “lawyer” in this context is not technically correct in Texas and other United Sates jurisdictions, nor is it a common practice to use the word “lawyer” in this way. Instead, the common and accepted practice in Texas and other United States jurisdictions is to use the terms “lawyer” and “attorney” as synonyms to mean someone who has passed the Bar Exam and has an active law license, and to refer to someone who has completed law school but is not licensed to practice law by adding the honorific “J.D.” to the end of their name to signify that they have successfully completed law school and received a Juris Doctor degree.

The commonly accepted definition of “lawyer” as someone who has an active license to practice law, as opposed to a law school graduate who is not a licensed law practitioner, is also reflected in various ways in American slang and American popular culture.

One example of this is the slang term jailhouse lawyer which refers to inmates who are knowledgeable about the law and may actively help other prisoners with various legal matters relating to their ongoing legal proceedings despite having no formal legal training or license to practice law. The term “lawyer” is specifically used in this phrase to signify the fact that prisoners who are described as “jailhouse lawyers” are actively engaged in the practice of law. The overwhelming majority of “jailhouse lawyers” never completed law school or received a Juris Doctorate degree, further underscoring the fact that Americans generally use the word “lawyer” to refer to someone who is practicing law, as opposed to someone who completed law school and received a J.D. diploma.

Another example from popular culture the term “lawyer” being used to refer to someone who practices law, as opposed to someone who successfully completed law school can be found in the song 99 Problems by the rap artist Jay-Z, the full lyrics of which can be found in the following link (Warning: the content linked to contains explicit language): 99 Problems full lyrics (explicit).

Specifically, the portion of the song relevant to the commonly accepted meaning of the word “lawyer” in popular culture is found in the second verse, which recounts an exchange between the first-person narrator and a police officer who pulls him over for a traffic stop. After the officer confirms the narrator’s license and registration are in order, the officer asks the narrator if he is willing to allow the officer to perform a consent search of the vehicle. The narrator refuses, stating that both his glove compartment and the trunk of the vehicle are locked, the narrator is aware of his constitutional rights, and he will not consent to a search of the vehicle without probable cause, which he does not believe the officer has.

The officer reacts by telling the narrator: “Aren’t you sharp as a tack? You some type of lawyer or something? Somebody important or something?”

The narrator responds to the officer by saying “Well, I ain’t passed the Bar, but I know a little bit. Enough that you won’t illegally search my [vehicle].”

This specific part of the song, which has become well known in pop culture since its initial release in 2003, once again confirms that both the officer initiating the traffic stop and the first-person narrator stopped by the officer are using the term “lawyer” to signify someone who holds an active license to practice law, as opposed to an unlicensed law school graduate. This is especially clear in the narrator’s response to the officer where the narrator indicates that he is not a lawyer by saying he has not passed the Bar Exam, which is typically the last step that must be completed before someone is able to obtain a license to practice law in an American jurisdiction and become a ”lawyer.”

The above examples further confirm the commonly accepted meaning of the word “lawyer” throughout the United States, including Texas, is to refer to someone who has a current and active license to practice law, and the word “lawyer” is not commonly used to refer to law school graduates who are not licensed to practice law.

1. Some Online Sources Incorrectly Claim That “Attorney” Refers to a Licensed Legal Practitioner Who Regularly Goes to Court Whereas a “Lawyer” Refers to a Licensed Legal Practitioner Who Does Other Types of Legal Work- A Deeper Look Into Why this Claim is Incorrect in Texas and Other American Jurisdictions

The other common myth found in online sources that incorrectly state “attorney” and “lawyer” do not mean the same thing in Texas or other American jurisdictions is that “attorney” refers to a licensed legal practitioner who regularly goes to court whereas “lawyer” refers to licensed legal practitioners who perform other types of legal work but do not regularly make court appearances as part of their law practice.

This claim is also incorrect and inaccurate. The State Bar of Texas and The American Bar Association both use the words “lawyer” and “attorney” interchangeably as synonyms without any distinction relating to what type(s) of law a licensed legal practitioner primarily focuses on in their practice, or whether the legal practitioner ever steps foot inside a courtroom or makes numerous and regular court appearances as part of their legal practice.

There are numerous examples of the term “attorney” being used widely throughout American jurisdictions to refer to licensed legal practitioners who rarely, if ever, go to court as part of their job. One of these is the legal practice area of corporate mergers and acquisitions. Georgetown Law School has a webpage discussing this practice area which uses both the words “lawyer” and “attorney” interchangeably. Similarly, an article published by vault.com discussing attorneys focused on this practice area specifically uses the word “attorney. It is extremely rare for attorneys in this practice area to go to court for any reason, and many can go their entire legal career without a single court appearance because going to court is not typically part of their regular job duties. Nevertheless, it is equally appropriate to refer to them as either “lawyers” or “attorneys” just like it is equally appropriate to use either “lawyer” or “attorney” to refer to any licensed legal practitioner in Texas or any other American jurisdiction, regardless how often they may or may not make appearances in court as part of their job duties.

1. The Myth of “Attorney” Referring to Licensed Legal Practitioners Who Go to Court and “Lawyer” Referring to Licensed Legal Practitioners Who Don’t in Texas and Other American Jurisdiction May be Based on the Difference Between Barristers and Solicitors in the United Kingdom

The myth that the term “attorney” is used in Texas to refer to licensed legal practitioners who go to court whereas “lawyer” is used in Texas to refer to licensed legal practitioners who don’t may have its origins in the historical difference between Barristers and Solicitors in England and other United Kingdom common law jurisdictions. The current United States legal system that exists today, including the one used in Texas and most other States, is founded and based primarily on the concepts and rules of English common law due to the United States’ history as a former British colony. The main exceptions to this are the State of Louisiana and the Territory of Puerto Rico whose law is based on a mix between United States common law and Spanish civil law due to their respective histories under French rule and Spanish rule before becoming part of the United States.

Historically in England and other United Kingdom common law jurisdictions, Barristers specialized mainly in courtroom advocacy and litigation work, arguing cases before tribunals, drafting legal pleadings, and giving legal opinions. Solicitors, on the other hand, primarily dealt with tasks that involved more direct client interactions or transactional legal work, as opposed to courtroom appearances.

Today, in Texas and other American jurisdictions, there is no distinction between lawyers and attorneys and the two words are synonyms, either of which can be interchangeably used to refer to a licensed professional who practices law, regardless of what area(s) of law they focus on and how frequently or rarely they make court appearances.

Whether you refer to licensed legal practitioners in Texas as “lawyers” or “attorneys” really doesn’t matter, as both words mean the same thing. What does matter is that if you need legal assistance for your situation, your best course of action is to find a knowledgeable and experienced attorney whom you can rely on to help you and represent your interests during your time of need.

Hire the Right Houston Personal Injury Attorneys for Your Personal Injury Claim

The Kishinevsky Law Firm PLLC focuses its legal practice on helping people who are injured due to the fault of others. We represent injury victims in personal injury claims and work to help them receive full and fair compensation for their damages. If you or a loved one were injured due to someone else’s fault in a car accident, truck accident, work accident, or any other type of situation that may allow you to bring a personal injury claim, our attorneys are here to help. Our law firm has helped numerous clients injured due to someone else’s fault in the greater Houston area and throughout the State of Texas to obtain full and fair compensation for their injury claims. If you or a loved one were injured due to someone else’s fault and need legal assistance, contact our office today for a free consultation to discuss your situation, find out more about your legal rights, and see how we may be able to help you or your loved one obtain full and fair compensation for your personal injury claims.