Larkin Ingrassia Criminal Defense Attorneys | May 30, 2025 | New York Law
When it comes to legal matters, the terms “lawyer” and “attorney” are often used interchangeably. But despite their common usage, they are not identical in meaning, especially when you look at the legal requirements and implications under New York law.
Whether you’re looking to hire legal representation or pursuing a legal career, understanding the distinction is not only helpful, but essential.
What Does It Mean to Be a Lawyer?
A lawyer is someone who has earned a Juris Doctor (JD) degree after completing law school. This person has studied the law, understands legal principles, and may even be highly skilled in areas like legal writing or research. However, being a lawyer does not automatically mean they are permitted to practice law in court or offer legal services to clients.
Many law school graduates who haven’t yet passed the bar exam still work in legal settings. For example, they may assist attorneys, conduct legal analysis, or provide research for complex cases. Others work in policy-making roles or corporate legal departments where bar admission is not required.
Still, under New York law, their role is limited: they cannot give legal advice, draft legally binding documents for others, or appear on someone’s behalf in court unless they become admitted to the state bar.
What Is an Attorney?
An attorney, or more formally, an attorney-at-law, is someone who not only has completed law school but has also passed the New York State Bar Exam and has been officially admitted to the bar. This person has the legal authority to represent clients, file motions, draft contracts, negotiate settlements, and appear before judges in any court within the state.
To become an attorney in New York, the path includes several key steps:
- Earning a JD from an accredited law school
- Passing the New York Bar Exam
- Successfully completing the Multistate Professional Responsibility Exam (MPRE)
- Finishing the New York Law Course and New York Law Exam
- Undergoing a character and fitness evaluation
Only after these steps can someone legally call themselves an attorney and provide legal representation.
Under 22 NYCRR § 520.1, the New York Court of Appeals specifies these requirements, distinguishing clearly between individuals who hold a law degree and those who are officially admitted to practice law. This regulatory distinction helps protect the public and uphold the integrity of the legal profession in New York.
Why This Difference Matters in New York
The difference between a lawyer and an attorney isn’t just academic—it has real legal implications. In New York, only those who have been admitted to the bar are legally permitted to practice law. That includes offering legal advice, representing clients, and handling formal legal matters.
If a law school graduate who hasn’t been admitted tries to offer these services, they may be violating New York State law. This can not only jeopardize their own legal future but also place the client at serious risk.
According to New York Judiciary Law § 478, any individual who practices law or represents themselves as an attorney without having been admitted to the New York State Bar is engaging in the unauthorized practice of law. This is a punishable offense that can result in fines or criminal charges.
Dispelling a Common Misconception
One of the most persistent misconceptions is that all lawyers are attorneys. While it’s true that all attorneys must first be lawyers, not all lawyers become attorneys. Graduation from law school is only one part of the process. Bar admission is the final—and most critical—step that grants someone the full legal authority to act on behalf of others.
For example, a recent law graduate may be working in a law firm, helping with research and drafting, but they still cannot appear in court or offer legal advice to clients. These limitations are strictly enforced in New York and exist to maintain high standards in the legal profession.
This is especially important for clients to understand. If you’re hiring someone to represent you in a legal matter—such as for criminal defense—you need to ensure that the person is a licensed attorney. Otherwise, you may unknowingly rely on someone who isn’t legally qualified to advocate for you.
When You’re Searching for Legal Help
In today’s digital world, it’s common for people to search for terms like “lawyer near me” or “need an attorney for my case.” Knowing the difference between these two roles can guide you toward hiring someone who is actually licensed to practice and represent your interests in New York.
Before you commit to working with someone, verify their credentials using the New York State Unified Court System’s Attorney Directory. This public tool allows you to confirm whether the person is in good standing and authorized to practice in New York.
Whether you’re dealing with a misdemeanor or a serious charge like DWI, an attorney can provide aggressive representation to protect your rights and work toward reducing or dismissing the charges.
Making the Right Legal Move
Understanding the difference between a lawyer and an attorney can help you make smarter, safer decisions when dealing with legal issues. In New York, only a licensed attorney can provide legal representation, and the state enforces that distinction rigorously.