Difference Between a Lawyer and an Attorney

If you are seeking legal representation in Florida, you may come across the terms “lawyer” and “attorney” in your search. This raises the question of what is the difference between a lawyer and an attorney, and does it matter when it comes to your case? Keep reading to find out whether there is a distinction between the two and what you should look for when determining if a legal representative is qualified to handle your particular case.

Are Lawyers and Attorneys the Same in Florida?

In Florida, the terms “lawyer” and “attorney” are often used interchangeably, and depend on personal preference. Each term refers to legal professionals who are qualified to provide representation in different matters, including personal injury cases like motorcycle accidents, slip and fall incidents, and wrongful death. They can also provide representation in criminal defense cases.

Getting a Law License in Florida

Becoming a licensed attorney in Florida requires meeting strict educational and ethical standards. All legal professionals, regardless of their title, must follow the same process to earn their law license. Not only does one have to complete a law degree from an accredited law school, but they must also pass the Florida State Bar Exam, meet moral fitness standards, and adhere to the rules set forth by the Florida Board of Bar Examiners.

Education Requirements for Lawyers and Attorneys

To become a licensed attorney in the state, candidates need to earn a Juris Doctor (J.D.) degree from a law school that is accredited by the American Bar Association (ABA). For foreign-educated attorneys, an individual must get approval from the Florida Board of Bar Examiners (BBE). The latter is often used by those who are already practicing law in other U.S. jurisdictions.

Additionally, passing the Multistate Professional Responsibility Exam (MPRE) is mandatory. This two-hour exam includes 60 multiple-choice questions and is administered three times a year. In Florida, applicants must score at least 80 out of a possible 150 points on the MPRE. This score must be obtained within 25 months of passing any part of the Florida Bar Exam.

The Florida Board of Bar Examiners

The Florida Board of Bar Examiners establishes the rules and regulations for anyone wanting to practice law in the state. Once applicants have passed the bar exam, graduated from law school and met all the necessary criteria, they have the right to:

Practice law in court and before government agencies
Provide consultations and legal advice to clients
Draft and prepare legal documents
Negotiate legal agreements on behalf of clients

Licensed professionals may use the titles attorney, lawyer, or counselor at law. However, posing as a legal professional without proper licensing can result in a third-degree felony in Florida. This is punishable by up to five years in prison.

Proof of Character and Moral Fitness

Applicants must show that they meet the moral and ethical standards that are required by law. This involves a background check, which begins when candidates submit their Bar Application, Authorization and Release Form, and pay the required fees. Those who are beginning law school are encouraged to apply by the deadlines that are outlined in rule 2-23.1.

To be eligible, applicants must meet the following criteria:

Be at least 18 years old
Wait a minimum of five years after disbarment or three years after resignation due to disciplinary actions before reapplying
Attorneys suspended in other jurisdictions are not eligible until their suspension period ends; if suspended in their home state, they must be reinstated there first per rule 2-13.2
Those convicted of felonies must have their civil rights restored before applying
Applicants on felony probation are not eligible until their probation is completed
Candidates previously denied admission due to adverse findings must wait two years before reapplying

The Florida Bar

The Florida Bar oversees and enforces the ethical rules that govern lawyers once they are licensed to practice law. These rules cover different aspects of a lawyer’s professional conduct, such as:

How they advertise their services
The way they handle fees
Managing client property
Protecting client confidentiality

When an ethical violation happens, the Florida Bar can launch an investigation and recommend disciplinary actions up to the Florida Supreme Court. Depending on the violation, consequences can include suspension or disbarment.

If an attorney is suspended, they must stop using the titles of lawyer, attorney, or counselor at law immediately. If they are disbarred, they cannot use these terms again unless they are readmitted to the bar.

Attorney-at-Law vs. Attorney-in-Fact

An attorney-in-fact is not the same as an attorney-at-law. While a lawyer or attorney-at-law is a licensed professional authorized to practice law and represent clients, an attorney-in-fact is someone who is granted the authority to act on behalf of someone else. This is usually done through a power of attorney document.

Exceptions for Out-of-State Attorneys

Though each state has its own rules for legal practice, certain exceptions exist for attorneys who are licensed outside of Florida. If an out-of-state lawyer wishes to represent a client in a Florida court or participate in an arbitration proceeding, they must first file the appropriate documentation. For court appearances, one must submit a Motion to Appear Pro Hac Vice. For arbitration, a person must file a Verified Statement. Details for the procedures regarding these filings can be found on the Florida Bar website.

How to Check if a Lawyer is Licensed

To check if a lawyer is licensed to practice in Florida, you can visit the Florida Bar Association website and use their search tool. By entering the attorney’s name, you will be able to view their licensure status, whether they are in good standing with the bar, and if they have faced any disciplinary actions within the past ten years.

Finding the Right Attorney for Your Case

While there is no real difference between a lawyer and attorney in Florida, you’ll want to make sure that you choose the best legal professional for your case. Whether you’re seeking compensation for a car accident or another personal injury, the seasoned attorneys at Fine, Farkash & Parlapiano, P.A. are here to help. Contact us today to discuss your case and let us fight for the compensation you deserve.