What is the difference between a lawyer and an attorney?
The terms lawyer and attorney are often used interchangeably; however, there is an important distinction between the two. A lawyer is a generic term used to refer to anyone who is trained in the law, while an attorney is someone who has the authority to practice law and represent someone in court. In Massachusetts, the state bar association regulates the practice of attorneys and issues licenses to qualified lawyers. Lawyers must complete a rigorous education process, pass the bar exam, adhere to the ethical code of conduct, and acquire additional certifications in order to actually become an attorney. Attorneys are the only ones able to file legal documents in court, such as motions and briefs, while lawyers cannot. Attorneys also have a legal responsibility towards their clients known as “fiduciary duty,” meaning they must act in their client’s best interests and not take advantage of them. Lawyers are prohibited from providing legal advice unless they are also attorneys, which is why anyone looking to hire a lawyer in Massachusetts should always ask if their lawyer is an attorney. When hiring a lawyer, it is always important to ask about their qualifications and what specific services they are able to provide. An attorney will have the legal authority to represent someone in court, while a lawyer may only be able to offer legal advice. Knowing the distinction between lawyers and attorneys can be crucial in ensuring the best legal advice and representation.
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