# When and why did "Esquire" become synonymous with "lawyer", at least in the United States?

**URL:** <https://boards.straightdope.com/t/when-and-why-did-esquire-become-synonymous-with-lawyer-at-least-in-the-united-states/970445>\
**Category:** Factual Questions\
**Created:** [August 27, 2022, 7:26pm UTC](https://boards.straightdope.com/t/when-and-why-did-esquire-become-synonymous-with-lawyer-at-least-in-the-united-states/970445 "2022-08-27T19:26:31Z")\
**Posts on this page:** 17\
**Page:** 3

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**Author:** ![Dendarii\_Dame](https://avatars.discourse-cdn.com/v4/letter/d/bbce88/32.png) [@Dendarii\_Dame](https://boards.straightdope.com/u/Dendarii_Dame)\
**Post date:** [September 1, 2022, 2:04pm UTC](https://boards.straightdope.com/t/when-and-why-did-esquire-become-synonymous-with-lawyer-at-least-in-the-united-states/970445/41 "2022-09-01T14:04:20Z")

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Back in the 1970’s, I knew a girl who called herself (First Name) (Last Name) Esquire. I remember thinking at the time, “Her dad must be a lawyer, because she isn’t.” (Yes, I should have thought “Or her mom.”)

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**Author:** ![MrAtoz](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@MrAtoz](https://boards.straightdope.com/u/MrAtoz)\
**Post date:** [September 1, 2022, 2:53pm UTC](https://boards.straightdope.com/t/when-and-why-did-esquire-become-synonymous-with-lawyer-at-least-in-the-united-states/970445/42 "2022-09-01T14:53:42Z")

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Maybe both. I remember a line on _Law & Order_: “There are so many lawyers in my family that when I was growing up, I thought our last name was Esquire.”

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**Author:** ![racer72](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/racer72/32/3075_2.png) [@racer72](https://boards.straightdope.com/u/racer72)\
**Post date:** [September 1, 2022, 3:10pm UTC](https://boards.straightdope.com/t/when-and-why-did-esquire-become-synonymous-with-lawyer-at-least-in-the-united-states/970445/43 "2022-09-01T15:10:11Z")

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Worked with a guy that had Esq. after his last name, said his father gave that as part of his name was he was born. He also gave it to his son. I told him only lawyers can legally use Esquire, it’s not something just to make a name a bit fancier. He called the state bar association. Not only was he told he can’t use it, he will be sued if he continues to use it in any kind of official capacity.

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**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\
**Post date:** [September 1, 2022, 3:16pm UTC](https://boards.straightdope.com/t/when-and-why-did-esquire-become-synonymous-with-lawyer-at-least-in-the-united-states/970445/44 "2022-09-01T15:16:45Z")

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> [@racer72](#):
>
> I told him only lawyers can legally use Esquire, it’s not something just to make a name a bit fancier. He called the state bar association. Not only was he told he can’t use it, he will be sued if he continues to use it in any kind of official capacity.

I have doubts about this story. First of all, there is no law that restricts “Esq.” to lawyers. And bar associations only can take action if the use of “Esq.” is used in a context that implies that the person is a lawyer or has legal expertise. They have no general authority over use of “Esq.”

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**Author:** ![racer72](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/racer72/32/3075_2.png) [@racer72](https://boards.straightdope.com/u/racer72)\
**Post date:** [September 1, 2022, 3:49pm UTC](https://boards.straightdope.com/t/when-and-why-did-esquire-become-synonymous-with-lawyer-at-least-in-the-united-states/970445/45 "2022-09-01T15:49:18Z")

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The bar called impersonation of an attorney, it can only be used after one passes the state bar exam. The bar has the right to defend the use of the term Esquire and they will.

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**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\
**Post date:** [September 1, 2022, 4:12pm UTC](https://boards.straightdope.com/t/when-and-why-did-esquire-become-synonymous-with-lawyer-at-least-in-the-united-states/970445/46 "2022-09-01T16:12:26Z")

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Use of the term “Esq.” by itself is not impersonation of a lawyer. The bar association absolutely not have general authority over use of “Esq.” It is not legally recognized as something exclusive to licensed legal practitioners.

Only the New York bar association has ever asserted that “Esq.” is exclusive to the legal profession, but this has not been tested in court, and I would predict that they would lose if challenged.

Furthermore, the bar association has jurisdiction only over use of “Esq.” _by members of the bar association_, not over the general public.

A state prosecutor may bring a case against a person who is practising law without a license or fraudulently holding emself out to be a lawyer–whatever the particular claim is under the specific’s state law–but would not have a case against someone merely using “Esq.” There has to be some other act that would trigger the violation of state law.

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**Author:** ![Riemann](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/riemann/32/3133_2.png) [@Riemann](https://boards.straightdope.com/u/Riemann)\
**Post date:** [September 1, 2022, 4:18pm UTC](https://boards.straightdope.com/t/when-and-why-did-esquire-become-synonymous-with-lawyer-at-least-in-the-united-states/970445/47 "2022-09-01T16:18:07Z")

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> [@Tripler](#):
>
> [Slight hijack]
> 
> What’s the difference between a ‘barrister’ and a ‘solicitor’?
> 
> [/Slight hijack]
> 
> Tripler  
> I routinely get spam emails from both. . .

Avoid the barristers, they charge a much higher admin fee to get the funds released to you.

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**Author:** ![Riemann](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/riemann/32/3133_2.png) [@Riemann](https://boards.straightdope.com/u/Riemann)\
**Post date:** [September 1, 2022, 4:26pm UTC](https://boards.straightdope.com/t/when-and-why-did-esquire-become-synonymous-with-lawyer-at-least-in-the-united-states/970445/48 "2022-09-01T16:26:55Z")

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> [@racer72](#):
>
> The bar called impersonation of an attorney, it can only be used after one passes the state bar exam. The bar has the right to defend the use of the term Esquire and they will.

I agree with @Ascenray. Given historical usage, I think there is no way that the bar could possibly succeed in this unless there is evidence that someone is _actually_ attempting to impersonate an attorney and styling themselves in this manner as part of an overall plan of deception.

> [@racer72](#):
>
> Worked with a guy that had Esq. after his last name, said his father gave that as part of his name was he was born. He also gave it to his son.

However, this is just bizarre, and I’m suspicious that maybe this guy _was_ trying to impersonate a lawyer, and imagined that this was a valid defense.

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**Author:** ![Tripler](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripler/32/21807_2.png) [@Tripler](https://boards.straightdope.com/u/Tripler)\
**Post date:** [September 3, 2022, 9:47pm UTC](https://boards.straightdope.com/t/when-and-why-did-esquire-become-synonymous-with-lawyer-at-least-in-the-united-states/970445/49 "2022-09-03T21:47:31Z")

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> [@Moriarty](#):
>
> In places that do draw the distinction, a barrister is a lawyer who goes to court, whereas the solicitor is your usual “transactional” attorney.

Answers my question–thank you very much!

Tripler  
Here’s hoping I’ll never need a barrister.

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**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\
**Post date:** [September 21, 2022, 12:43am UTC](https://boards.straightdope.com/t/when-and-why-did-esquire-become-synonymous-with-lawyer-at-least-in-the-united-states/970445/50 "2022-09-21T00:43:38Z")

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There was a Proposed Amendment to the Constitution: _"If any citizen of the United States shall accept, claim, receive or retain, any title of nobility or honour, or shall, without the consent of Congress, accept and retain any present, pension, office or emolument of any kind whatever, from any emperor, king, prince or foreign power, such person shall cease to be a citizen of the United States, and shall be incapable of holding any office of trust or profit under them, or either of them.[[2]](https://en.wikipedia.org/wiki/Titles_of_Nobility_Amendment#cite_note-2)_

This has been called by some nutsos (who think it actually passed -it was so close some copies of it were indeed printed) that they call it the 13th.

Okay, fine, big deal, wouldn’t do much you say.

Aha, but those nutsos claim that layers are “Esquires” and Esquire is a foreign title so, thereby, ipso facto, really insano-, ergo- all lawyers are illegal…thus barred from being citizen and thus- public office.

No- really.

> **[Titles of Nobility Amendment](https://en.wikipedia.org/wiki/Titles_of_Nobility_Amendment)**
>
> The Titles of Nobility Amendment is a proposed and still-pending amendment to the United States Constitution. The 11th Congress passed it on May 1, 1810, and submitted to the state legislatures for ratification. It would strip United States citizenship from any citizen who accepted a title of nobility from an "emperor, king, prince or foreign power". On two occasions between 1812 and 1816, it was within two states of the number needed to become part of the Constitution. Congress did not set a...

Now, yes, I get that the circumstances of it getting ratified were cloudy and confused. So, maybe you can believe that it really passed. That does not make you a nutcase.

But then to go on and state that the lawyerly “Esquire” is a title granted by a foreign government- yep, you are in fruitcake heaven.

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**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [September 21, 2022, 1:08am UTC](https://boards.straightdope.com/t/when-and-why-did-esquire-become-synonymous-with-lawyer-at-least-in-the-united-states/970445/51 "2022-09-21T01:08:05Z")

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> [@Northern\_Piper](#):
>
> (Lawyers in Canada currently don’t use “Esquire” at all, probably because of the Q.C. as a more preferred postnominal. I have seen “Esquire” used in some older case reports.)

I have to correct myself. I recently came across a small law firm in Canada, two lawyers, where the lawyers use, “Esq.”

The odd thing is that they are both francophones, practising in Quebec City, and yet they use a term associated with English class structure. 🧐

[https://sarailis.ca/en/the-firm/the-partners/](https://sarailis.ca/en/the-firm/the-partners/)

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**Author:** ![Spectre\_of\_Pithecanthropus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/spectre_of_pithecanthropus/32/12343_2.png) [@Spectre\_of\_Pithecanthropus](https://boards.straightdope.com/u/Spectre_of_Pithecanthropus)\
**Post date:** [September 25, 2022, 5:53pm UTC](https://boards.straightdope.com/t/when-and-why-did-esquire-become-synonymous-with-lawyer-at-least-in-the-united-states/970445/52 "2022-09-25T17:53:06Z")

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> [@Riemann](#):
>
> Really? Applying it to yourself seems like a _faux pas_, but I’m British…

This was always understanding as well, according to traditional, nonlawyerly rules of etiquette concerning the title, and I’m American. It’s the same with Mr or Ms. I’m less sure about other titles such as Doctor, Professor, Judge, and so on. In some contexts I believe it’s expected that they should use the titles when introducing themselves, or being introduced.

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**Author:** ![Spectre\_of\_Pithecanthropus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/spectre_of_pithecanthropus/32/12343_2.png) [@Spectre\_of\_Pithecanthropus](https://boards.straightdope.com/u/Spectre_of_Pithecanthropus)\
**Post date:** [September 25, 2022, 6:10pm UTC](https://boards.straightdope.com/t/when-and-why-did-esquire-become-synonymous-with-lawyer-at-least-in-the-united-states/970445/53 "2022-09-25T18:10:35Z")

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> [@Northern\_Piper](#):
>
> I have to correct myself. I recently came across a small law firm in Canada, two lawyers, where the lawyers use, “Esq.”

One thing about “Esq.” as a postnominal for lawyers is that it’s so much shorter than “Attorney at Law”, so it leaves more room on the business card. As a kind of shorthand it seems very practical.

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**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\
**Post date:** [September 25, 2022, 7:06pm UTC](https://boards.straightdope.com/t/when-and-why-did-esquire-become-synonymous-with-lawyer-at-least-in-the-united-states/970445/54 "2022-09-25T19:06:51Z")

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> [@Spectre\_of\_Pithecanthropus](#):
>
> > [@Riemann](#):
> >
> > Really? Applying it to yourself seems like a _faux pas_, but I’m British…
> 
> This was always understanding as well, according to traditional, nonlawyerly rules of etiquette concerning the title, and I’m American. It’s the same with Mr or Ms. I’m less sure about other titles such as Doctor, Professor, Judge, and so on. In some contexts I believe it’s expected that they should use the titles when introducing themselves, or being introduced.

As I think I’ve said before, it’s popularity among American lawyers—particularly women—is to make clear to everyone in the room who the lawyer is. This is significant to women, because even now there are people who will turn to any man in the room as the expert or the senior, assuming that the woman must be a secretary or legal assistant or junior. Showing a nameplate or a business card with “Esq.” is slightly more subtle than wearing a sign around your neck that says “I’M THE LAWYER, so speak directly to me (, jackass).”

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**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\
**Post date:** [September 25, 2022, 8:38pm UTC](https://boards.straightdope.com/t/when-and-why-did-esquire-become-synonymous-with-lawyer-at-least-in-the-united-states/970445/55 "2022-09-25T20:38:27Z")

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> [@Acsenray](#):
>
> As I think I’ve said before, it’s popularity among American lawyers—particularly women—is to make clear to everyone in the room who the lawyer is. This is significant to women, because even now there are people who will turn to any man in the room as the expert or the senior, assuming that the woman must be a secretary or legal assistant or junior. Showing a nameplate or a business card with “Esq.” is slightly more subtle than wearing a sign around your neck that says “I’M THE LAWYER, so speak directly to me (, jackass).”

You know, I wasn’t fond of “esq” until I read this, and now I think it is a good idea.

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**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [September 25, 2022, 9:41pm UTC](https://boards.straightdope.com/t/when-and-why-did-esquire-become-synonymous-with-lawyer-at-least-in-the-united-states/970445/56 "2022-09-25T21:41:14Z")

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> [@Spectre\_of\_Pithecanthropus](#):
>
> One thing about “Esq.” as a postnominal for lawyers is that it’s so much shorter than “Attorney at Law”, so it leaves more room on the business card

We don’t use “Attorney at law” in Canada, either. I’m a lawyer.

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**Author:** ![Moriarty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/moriarty/32/49_2.png) [@Moriarty](https://boards.straightdope.com/u/Moriarty)\
**Post date:** [September 27, 2022, 11:46am UTC](https://boards.straightdope.com/t/when-and-why-did-esquire-become-synonymous-with-lawyer-at-least-in-the-united-states/970445/57 "2022-09-27T11:46:14Z")

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> [@Acsenray](#):
>
> assuming that the woman must be a secretary or legal assistant or junior.

My ex (also a lawyer) has told me that she would sometimes walk into court, dressed in a suit, and be mistaken for the court reporter. It happened more than once.

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