The terms "lawyer," "attorney," and "counsel" are used interchangeably in common conversation, on television, and in news reports. While in many contemporary legal contexts, these words refer to the same professional, understanding the subtle historical and functional distinctions can provide clarity. Furthermore, the question of etiquette—whether referring to one's legal team as "my lawyers" is impolite—touches upon professionalism, respect, and the nature of the client-counsel relationship.
This comprehensive article delves into the definitions, functional differences (or lack thereof), and the etiquette surrounding these legal titles.
1. Defining the Terms: Lawyer vs. Attorney
To understand the functional difference, we must start with the definitions, which are rooted in historical legal education and licensing.
A. The Lawyer
The term "lawyer" is the broader, more general title.
Definition: A lawyer is any person who has earned a law degree (such as a Juris Doctor or J.D. in the U.S. and Canada, or an LL.B. in many other countries).1
Function: Essentially, a lawyer is someone who has been educated in the law and can provide legal advice.2
Status: A person can be a lawyer without ever being licensed to practice in a courtroom. For example, a legal scholar, an advisor who drafts policy for a non-profit, or a tax consultant who uses their law degree but does not represent clients in court is still accurately referred to as a lawyer.
B. The Attorney (or Attorney-at-Law)
The term "attorney" is a more specific designation that conveys a professional capacity to act for another.3
Definition: An attorney-at-law is a lawyer who has been admitted to the bar of a specific jurisdiction (e.g., a state bar or a provincial bar).
Function: This admission grants the professional the right and legal authority to act as an agent for a client in a legal proceeding. The word "attorney" literally means "one who is appointed to act in the place of another."4
Status: An attorney must be a lawyer, but a lawyer is not necessarily an attorney. The attorney is the one who can file lawsuits, argue motions, conduct cross-examinations, and legally represent a client in court.
C. Counsel and Counselor
The terms "counsel" or "counselor" are often used interchangeably with "attorney" and carry a slightly more formal or respectful connotation, emphasizing the advisory and strategic role.5
Function: These terms highlight the confidential relationship with the client and the duty to provide expert advice and guidance (counsel) in addition to representation.
Usage: It is common for clients to refer to their legal representative simply as "counsel," and for a judge to refer to any attorney appearing before the court as "counsel."
2. The Functional Difference in Modern Practice
While the definitions above suggest a clear line, in modern Western legal systems (particularly in the U.S. and Canada), the functional difference between a "lawyer" and an "attorney" is practically non-existent for any professional engaged in client representation.
Client Representation: Any person who is retained by a client to handle a divorce, negotiate a corporate merger, or defend against a criminal charge must be admitted to the bar—meaning they are both a lawyer and an attorney. You cannot hire a lawyer who is not also an attorney for litigation or formal legal advice.
Interchangeability: Due to this practical necessity, the terms have become synonymous. Law firms, clients, and legal documents use "lawyer," "attorney," and "counsel" interchangeably to refer to the person legally representing the client.6
The primary functional distinction exists only when discussing a person with a law degree who chooses not to practice law in the traditional sense. These individuals are correctly called lawyers but not attorneys.
3. The Etiquette Question: Is Calling Them "My Lawyers" Impolite?
The question of whether using the possessive phrase "my lawyers" or "my attorney" is impolite is one of social grace and professional perception, not legal definition.
A. The Client's Perspective: Establishing Authority
When a client—particularly a corporate executive or a high-profile individual—uses the phrase "my lawyers," it is usually intended to achieve one of two things:
Professional Clarity: It is a quick way to indicate that the relationship is formal, retained, and professional.
Establishing Boundaries/Authority: The phrase is often used as a shield to deflect questions, conclude a difficult conversation, or signal that an issue is now being handled by the authority of legal counsel (e.g., "I can't discuss that; you'll have to speak to my lawyers."). In this context, it is not inherently rude, but rather a professional communication signal.
B. The Lawyer's Perspective: Relationship Dynamics
Most attorneys and lawyers are generally not offended by a client using the possessive "my lawyers" or "my attorney." They understand the phrase is shorthand for "the firm/team I retained."
Professional Acceptance: The relationship is fundamentally one of client and service provider. Just as one might say "my accountant" or "my doctor," using the possessive is a natural way to describe the professional relationship.
Avoiding Micro-Management: The phrase "my counsel" or "my legal team" is sometimes preferred by lawyers as it sounds slightly more collaborative and respectful of the lawyer's professional independence, emphasizing the advisory role ("counsel"). However, being called "my lawyer" is certainly preferable to being called by an inaccurate or disrespectful term.
C. When It Can Be Perceived as Impolite
The phrase can be viewed as impolite or arrogant only if the tone and context suggest a highly authoritarian or dismissive view of the lawyer.
Implying Subservience: If the client uses the term in a way that implies the lawyers are mere subordinates to be dictated to, rather than respected professionals whose advice must be heeded, the phrase might grate on the lawyer's professionalism.
External Usage: When used by the client to intimidate or boast to a third party (e.g., "Don't mess with me, I have my lawyers on speed dial"), it reflects negatively on the client's character, but the term itself remains functional.
Summary of Functional Differences and Etiquette
| Term | Educational Status | Licensing Status | Functional Role in Practice | Etiquette Context |
| Lawyer | Holds a law degree (J.D./LL.B.) | Not necessarily admitted to the bar | Broad term; often used for non-practicing legal professionals. | Appropriate and respectful. |
| Attorney | Holds a law degree | Must be admitted to the bar of a jurisdiction | Specific term for a legally authorized representative (the one who practices). | Appropriate and respectful. |
| Counsel | Holds a law degree | Must be admitted to the bar | Emphasizes advisory and strategic role; often used formally. | Highly respectful and collaborative. |
In conclusion, while there is a technical, definitional difference between a lawyer and an attorney based on bar admission, the functional difference disappears the moment a professional is hired to represent a client in a legal matter. They are, for all practical purposes, the same person.
Calling them "my lawyers" or "my attorney" is not impolite; it is a commonly accepted, professional shorthand for defining the client-counsel relationship, provided the client maintains a tone of respect for the lawyer's specialized expertise and role.
