What’s the Difference Between a Lawyer and Attorney in Texas?

What’s the Difference Between a Lawyer and Attorney in Texas (and Why Most People Get This Wrong)

If you’ve ever searched online for the difference between a “lawyer” and an “attorney,” you’ve probably encountered a popular explanation that sounds authoritative but is actually wrong—at least in Texas. This myth has been repeated so many times across legal websites and blogs that many people, including some lawyers, believe it’s true.

Here’s the common myth: A “lawyer” is someone who has graduated from law school, while an “attorney” is someone who has graduated from law school AND passed the bar exam. Under this definition, all attorneys are lawyers, but not all lawyers are attorneys.

This sounds logical. It seems to make a meaningful distinction. But there’s one major problem: Texas law itself proves this myth is completely wrong.

The Difference Between an Attorney and a Lawyer in Texas

Here’s the simple answer: There is no legal difference between an attorney and a lawyer in Texas. These terms are completely interchangeable under Texas law. Both refer to someone who has graduated from law school, passed the bar exam, and is licensed by the State Bar of Texas to practice law. Whether someone calls themselves an attorney, a lawyer, or legal counsel, they’re describing the same credentials and the same legal authority. The State Bar of Texas uses both terms interchangeably in its rules and publications. Texas statutes use both terms to mean the same thing. And most importantly, Texas Penal Code Section 38.122 makes it a felony to hold yourself out as a “lawyer” without proper licensure—proving that “lawyer” requires the exact same qualifications as “attorney.” So if you’re searching for the difference between these terms in Texas, the answer is straightforward: there isn’t one. Both words require bar passage, both words mean you’re licensed to practice law, and both words give you the same legal authority to represent clients, provide legal advice, and appear in Texas courts.

What Is an Attorney in Texas?

An attorney in Texas is a person who has graduated from an accredited law school, passed the Texas bar examination, and has been licensed by the State Bar of Texas to practice law. Once licensed, an attorney has the legal authority to provide legal advice, draft legal documents, represent clients in court proceedings, negotiate on behalf of clients, and perform all other activities that constitute the practice of law under Texas law. To maintain their status as an attorney, they must remain in good standing with the State Bar of Texas, which requires paying annual dues, completing continuing legal education requirements, and adhering to the Texas Disciplinary Rules of Professional Conduct. An attorney can practice in any area of law their license permits—whether that’s criminal defense, family law, personal injury, business law, or any other legal specialty—without needing additional licensure for different practice areas (with limited exceptions for certain federal courts). The term “attorney” comes from the legal concept of being authorized to act on another person’s behalf in legal matters, which is exactly what a licensed lawyer does for their clients.

The Texas Penal Code Settles This Debate

Texas Penal Code Section 38.122 is titled “Falsely Holding Oneself Out as a Lawyer.” Notice the word used in the statute: lawyer, not attorney. Here’s what the law says:

“A person commits an offense if, with intent to obtain an economic benefit for himself or herself, the person holds himself or herself out as a lawyer, unless he or she is currently licensed to practice law in this state, another state, or a foreign country and is in good standing with the State Bar of Texas and the state bar or licensing authority of any and all other states and foreign countries where licensed.”

This statute makes it a third-degree felony to hold yourself out as a “lawyer” without being licensed by the bar. A third-degree felony in Texas carries a punishment of 2 to 10 years in prison and up to a $10,000 fine. This is serious.

Why This Destroys the Myth

If the common myth were true—if you could legally call yourself a “lawyer” simply by graduating from law school—then Section 38.122 wouldn’t make sense. The statute would need to criminalize holding yourself out as an “attorney” without bar passage, not as a “lawyer.”

But that’s not what the legislature wrote. Texas law explicitly makes it a felony to call yourself a lawyer without being licensed to practice law. This means Texas law treats “lawyer” and “attorney” as the same thing: both terms require bar passage and active licensure.

If you graduate from law school in Texas but don’t pass the bar exam, you cannot legally call yourself a lawyer. You cannot call yourself an attorney either. You can say you have a J.D. degree or that you graduated from law school, but that’s where the line is drawn.

The Government Code Backs This Up

Texas Government Code Section 81.102 reinforces this point. It states: “A person may not practice law in this state unless the person is a member of the state bar.” The statute doesn’t create different categories for “lawyers” and “attorneys”—it simply requires bar membership to practice law, regardless of which term you use.

Section 81.101 defines the “practice of law” as including “the preparation of a pleading or other document incident to an action or special proceeding or the management of the action or proceeding on behalf of a client before a judge in court as well as a service rendered out of court, including the giving of advice or the rendering of any service requiring the use of legal skill or knowledge.”

Again, no distinction is made between “lawyers” who can give advice and “attorneys” who can appear in court. If you’re licensed by the State Bar of Texas, you can do both. If you’re not licensed, you can do neither—and you can’t use either title.

What About Section 38.123?

Texas has another related statute, Penal Code Section 38.123, titled “Unauthorized Practice of Law.” This statute makes it a Class A misdemeanor (or a third-degree felony for repeat offenses) to engage in certain activities related to personal injury or property damage cases without being licensed.

Specifically, it criminalizes actions like contracting with someone to represent them in personal injury matters, advising people about claims, or negotiating settlements—all with intent to obtain economic benefit—unless you’re licensed to practice law.

Like Section 38.122, this statute doesn’t distinguish between “lawyers” and “attorneys.” It simply requires licensure to engage in these activities.

The State Bar Uses the Terms Interchangeably

The State Bar of Texas, which regulates the legal profession in Texas, uses “lawyer” and “attorney” as synonyms. The organization doesn’t maintain separate categories or definitions for these terms. When you’re admitted to the State Bar after passing the bar exam, you’re recognized as both a lawyer and an attorney—these are simply two words for the same thing.

The American Bar Association follows the same practice, using the terms interchangeably without any technical distinction based on bar passage or court practice.

So Where Did This Myth Come From?

The confusion likely stems from a few sources:

Historical British distinctions: In England and other Commonwealth countries, the legal profession is divided into barristers (who argue cases in court) and solicitors (who handle other legal matters like contracts and client counseling). Some people may have confused this foreign distinction with a supposed American difference between “lawyers” and “attorneys.”

Informal usage: Some people do use “lawyer” more casually to describe anyone with legal training, while “attorney” sounds more formal. But this is a matter of style and tone, not legal distinction. It’s like the difference between calling someone a “doctor” versus a “physician”—there’s no legal difference, just different levels of formality.

Internet echo chamber: Once a few websites published the incorrect distinction, others copied it, and the myth spread. Many legal marketing websites have repeated this misinformation, probably without checking Texas statutes.

Misunderstanding the J.D. degree: It’s true that someone can earn a Juris Doctor (J.D.) degree without passing the bar. But that person isn’t a “lawyer” under Texas law—they’re a law school graduate with a J.D. degree. The terms “lawyer” and “attorney” both require licensure.

What This Means in Practice

When you’re looking for legal representation in Texas, don’t worry about whether to search for a “lawyer” or an “attorney.” These terms mean exactly the same thing: someone who has graduated from law school, passed the Texas bar exam (or been admitted through another process), and is currently licensed and in good standing with the State Bar of Texas.

If someone tells you they’re a “lawyer” in Texas, they’re making the same claim as if they said they’re an “attorney.” Both statements mean they’re licensed to practice law. If they’re not licensed but hold themselves out using either term with intent to get economic benefit, they’re committing a third-degree felony under Section 38.122.

How to Verify Someone’s License

If you want to confirm whether someone is actually licensed to practice law in Texas, you can search the State Bar of Texas website. The State Bar maintains a public directory of all attorneys (or lawyers—same thing!) who are licensed to practice in Texas courts.

If someone isn’t listed in this directory, they either aren’t licensed in Texas, or they may have had their license suspended or revoked. Under Texas ethics rules, anyone who isn’t licensed in Texas cannot ethically market themselves as either a “lawyer” or an “attorney” in connection with Texas legal services.

The Bottom Line

In Texas, “lawyer” and “attorney” are synonyms. Both terms require the same qualifications: graduation from law school, passage of the bar exam, and active licensure with the State Bar of Texas. Texas Penal Code Section 38.122 makes this absolutely clear by criminalizing the use of the word “lawyer” (not just “attorney”) without proper licensure.

The common myth that distinguishes between law school graduates (lawyers) and bar-admitted practitioners (attorneys) is not supported by Texas law. Anyone who tells you otherwise either doesn’t know Texas statutes or is repeating misinformation they found online.

So the next time someone tries to explain the “difference” between a lawyer and an attorney in Texas, you can confidently tell them: There isn’t one. Texas law uses the terms interchangeably, and both require the same thing—a license to practice law.

Why This Matters for Consumers

Understanding that these terms are synonymous helps protect you from unauthorized practice of law. If someone claims they’re a “lawyer” but not an “attorney” (or vice versa) and suggests this means they have different qualifications or limitations, that should raise a red flag.

In Texas, anyone who has passed the bar and is licensed can provide legal advice, draft legal documents, and represent you in court. They can call themselves a lawyer, an attorney, or counsel—all these terms mean the same thing and require the same licensure.

Don’t let anyone confuse you with false distinctions. When you need legal help in Texas, look for someone who is licensed by the State Bar of Texas. Whether they call themselves a lawyer or an attorney doesn’t matter—what matters is that they have the credentials, experience, and authorization to represent you effectively.