What is the Difference Between a Lawyer and an Attorney?

Many first-time clients hear the words “lawyer” and “attorney” without knowing what they mean. Generally, an attorney is the same as a lawyer, and these titles are used interchangeably. However, this does not explain what a lawyer is and how someone becomes a lawyer in Tennessee.

What is a Lawyer?

There are many answers to the question, “What is a lawyer?” All legal practitioners must obey the Tennessee Rules of Professional Conduct. These rules start with a preamble that defines a lawyer and explains their functions.

The rules define a lawyer as follows:

• A representative of clients
• An officer of the legal system
• A citizen with special responsibility for justice

As a representative, a lawyer speaks on behalf of a client with adverse parties and their lawyers. For example, a lawyer has the authority from their client to gather medical records and file an insurance claim after a car accident.

As an officer of the court, the lawyer works within the judicial system. Courts rely heavily on trust. Thus, they depend on the lawyer’s integrity to use the system properly and avoid frivolous filings.

The rules also define the roles a lawyer plays in the legal system, including the following:

• An advisor who provides clients with information about their rights and obligations
• An advocate who zealously asserts clients’ positions within the rules
• A negotiator who pursues honest results that benefit clients

The best way to understand these functions is with an example. Suppose that you slipped and fell in a grocery store while you were chasing your child. You schedule a free consultation with a personal injury lawyer.

During your consultation, the lawyer provides objective advice about the strengths and weaknesses of your case. For example, under Tennessee’s comparative negligence law, you might share the liability for your injuries because you were chasing your child. As a result, your compensation may be reduced in proportion to your share of the blame.

Your lawyer will advocate for the lowest possible percentage of the blame in your insurance claim by presenting evidence and legal arguments. If the insurer agrees that their customer was at least partially at fault, your attorney will negotiate a settlement. However, if the insurer places all the blame on you, your attorney can take your case to court.

What is the Difference Between a Lawyer and an Attorney?

Lawyers and attorneys have the same roles and must meet the same requirements to practice law. As such, these terms are often used interchangeably in the United States. However, in other countries, the terms are not interchangeable.

In Tennessee, an applicant for a law license must meet the following requirements:

• Graduate from law school
• Pass a background check proving character fitness
• Pass the bar exam in Tennessee or a state that has reciprocity with Tennessee

A person who graduates from law school cannot call themselves a lawyer or an attorney in Tennessee unless they meet these requirements. 

Out-of-state lawyers can appear in cases in the state if a member of the Tennessee bar acts as their local counsel. However, these attorneys cannot take new cases in the state unless they join the Tennessee bar.

Tennessee punishes people who violate these rules severely. The unauthorized practice of law is a Class A misdemeanor, and falsely holding oneself out as a lawyer is a Class E felony.

How Do Practitioners Decide to Call Themselves an Attorney Vs. Lawyer?

The choice to call oneself a lawyer or attorney is a matter of personal preference. Some practitioners prefer the title “attorney at law,” while others are satisfied with “lawyer” or “attorney.” To confuse matters even more, judges often refer to lawyers and attorneys as “counselors.” All of these terms have the same meaning.

Hiring a Lawyer or Attorney

Regardless of what they call themselves, a lawyer or attorney provides representation, advocacy, and legal advice. When you have a complex legal problem, consider hiring a lawyer or attorney for your case.

Contact Our Nashville Personal Injury Law Firm Today at Meyers Personal Injury Law  

If you were injured in an accident in Nashville or Brentwood, and need legal help, contact our Nashville personal injury lawyers at Meyers Personal Injury Law to schedule a free case review today.

Meyers Personal Injury Law Nashville
1308 Rosa L Parks Blvd Suite 101,
Nashville, TN 37208
(615) 258-9000

Meyers Personal Injury Law Brentwood

105 Continental Pl Suite 100,
Brentwood, TN 37027
(615) 258-9000