# Are you considered to be a lawyer after finishing law school, or after passing the ba

**URL:** <https://boards.straightdope.com/t/are-you-considered-to-be-a-lawyer-after-finishing-law-school-or-after-passing-the-ba/292242>\
**Category:** Factual Questions\
**Created:** [February 28, 2005, 3:15am UTC](https://boards.straightdope.com/t/are-you-considered-to-be-a-lawyer-after-finishing-law-school-or-after-passing-the-ba/292242 "2005-02-28T03:15:20Z")\
**Posts on this page:** 4\
**Page:** 4

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**Author:** ![barbitu8](https://avatars.discourse-cdn.com/v4/letter/b/839c29/32.png) [@barbitu8](https://boards.straightdope.com/u/barbitu8)\
**Post date:** [May 18, 2013, 8:44pm UTC](https://boards.straightdope.com/t/are-you-considered-to-be-a-lawyer-after-finishing-law-school-or-after-passing-the-ba/292242/61 "2013-05-18T20:44:21Z")

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> [@Muffin](#):
>
> Where I am, an attorney is someone who acts on behalf of someone (i.e. an agent), and does not have to be a lawyer. For example, the attorney of a Power of Attorney could be your tap dancing uncle Fred Mertz. Back in Merry Old, a solicitor would act as your attorney in legal matters (i.e. attorney-at-law), whereas a barrister would not act as an attorney and instead would simply present the case on behalf of the attorney. That’s why it makes perfect sense that in Ontario, Canada, a solicitor usually must hold the degree of Barrister-at-Law (Fred, cue the rim-shot).

In the States, this is called an attorney-in-fact under a power of attorney. Anybody can be appointed under a power of attorney, but the power ends when the grantor dies or revokes it.

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**Author:** ![kurtisokc](https://avatars.discourse-cdn.com/v4/letter/k/bbce88/32.png) [@kurtisokc](https://boards.straightdope.com/u/kurtisokc)\
**Post date:** [May 18, 2013, 9:12pm UTC](https://boards.straightdope.com/t/are-you-considered-to-be-a-lawyer-after-finishing-law-school-or-after-passing-the-ba/292242/62 "2013-05-18T21:12:59Z")

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> [@Acsenray](#):
>
> I don’t know whether or how many people make this distinction as stated by Kurt, but it’s pretty nonsensical.

I don’t agree that it is nonsensical, though it may not fit the Canadian context. I admit that I was not as precise in my use of words as I should have been. Instead of “represent clients in court” I should have said “practice law.”

> [@Northern\_Piper](#):
>
> As well, we would definitely not use the phrase “learned in the law” to describe someone who has a law degree but has never been called. “Learned in the law” is the catchphrase used to describe someone who has been appointed a Queen’s Counsel, which normally requires at least 10 years experience at the bar, and often more like 20.

Again, I should have been more careful with my choice of words. I momentarily forgot that the phrase is a term of art in certain contexts. I believe in the United States being “learned in the law” is a qualification for taking the bar in certain states, and basically means having graduated from an accredited law school. (In the past it could have meant having “read the law”, that is, having studied and practiced under the supervision of a licensed attorney, sort of like an internship. But that practice is mostly obsolete, still being an option in only a hand-full of states.)

> [@Muffin](#):
>
> Where I am, an attorney is someone who acts on behalf of someone (i.e. an agent), and does not have to be a lawyer. For example, the attorney of a Power of Attorney could be your tap dancing uncle Fred Mertz. Back in Merry Old, a solicitor would act as your attorney in legal matters (i.e. attorney-at-law), whereas a barrister would not act as an attorney and instead would simply present the case on behalf of the attorney. That’s why it makes perfect sense that in Ontario, Canada, a solicitor usually must hold the degree of Barrister-at-Law (Fred, cue the rim-shot).

Technically, this is absolutely correct. However, as I have already mentioned the term “attorney” without qualifier is universally assumed in everyday speech to mean “attorney at law,” and is considered synonymous with “lawyer.” As far as authorization to use the term goes, I think anyone who holds himself out as a “lawyer” would probably get in trouble if it is done in a way that is deceptive. A guy who is preparing to take the bar exam is not going to be in trouble with the bar association for mentioning that he is lawyer at a cocktail party. He would be in trouble if he set up shop and started soliciting business as a provider of legal services. Of course, anyone who does that would be engaging in unauthorized practice of law, whether or not he holds himself out as a lawyer or attorney.

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**Author:** ![Leo\_Bloom](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/leo_bloom/32/10377_2.png) [@Leo\_Bloom](https://boards.straightdope.com/u/Leo_Bloom)\
**Post date:** [May 19, 2013, 4:03am UTC](https://boards.straightdope.com/t/are-you-considered-to-be-a-lawyer-after-finishing-law-school-or-after-passing-the-ba/292242/63 "2013-05-19T04:03:12Z")

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> [@Cliffy](#):
>
> …I’m an Officer of the Court, I have professional obligations to the Court […] I have the power to issue subpoenas without recourse to a judge…
> 
> –Cliffy

Huh? Or, huh :eek: ?

> [@Muffin](#):
>
> … For example have a boo at what Yale was awarding: [http://oir.yale.edu/1701-1976-yale-book-numbers](http://oir.yale.edu/1701-1976-yale-book-numbers) …

The meaning is clear but this is the first I’ve seen this expression.

O say o non-American, from what land do you hail?

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**Author:** ![Muffin](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/muffin/32/4341_2.png) [@Muffin](https://boards.straightdope.com/u/Muffin)\
**Post date:** [May 19, 2013, 7:45am UTC](https://boards.straightdope.com/t/are-you-considered-to-be-a-lawyer-after-finishing-law-school-or-after-passing-the-ba/292242/64 "2013-05-19T07:45:08Z")

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The non-American end of Hwy 61, where a couple having a shag sell tickets to the general public to attend.

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