Lawyer vs. Attorney: Is There a Difference When You Hire One in California?

No. California law and the State Bar use both words for the same licensed professional. The California Supreme Court admits each new lawyer “as an attorney at law in all the courts of this state” (Bus. & Prof. Code §6064), and state law calls them “licensees” (§6002). The Rules of Professional Conduct, which govern how they practice, use the word “lawyer.”

The State Bar’s own pages switch between the two. One says “Practicing lawyers in California must be licensed by the State Bar,” and another says “In California, only attorneys can practice law.” Either way, the test is the same: with limited exceptions, only an active licensee of the State Bar may practice law in California (§6125).

You may hear that a “lawyer” is anyone who went to law school and an “attorney” is someone who passed the bar. In California, that line has no legal effect. A law graduate without an active license can’t practice law or hold themselves out as entitled to, unless a statute or court rule authorizes it (§6126(a)).

One term really is different. An “attorney-in-fact” is the person a power of attorney authorizes to act for someone else, whatever that person is called (Prob. Code §4014). Being named one doesn’t make someone a lawyer.

Legal education is one step, not the finish line. A first-time applicant generally must be at least 18, receive a positive moral character determination, and complete the required legal education (Bus. & Prof. Code §6060). The applicant must also pass the Multistate Professional Responsibility Examination, with a scaled score of at least 86, and the California Bar Exam.

Once the State Bar certifies an applicant, the California Supreme Court may admit them (§6064). The new lawyer then takes an oath to support the U.S. and California Constitutions and to faithfully discharge the duties of an attorney at law (§6067). From then on, they can practice as long as the license stays active.

The State Bar puts it plainly: “Before hiring an attorney, Californians should check the State Bar website for the status of an attorney’s license to practice law and whether they have any record of discipline.” Its free Attorney Search shows each lawyer’s State Bar number, license status, contact details, and disciplinary and administrative history.

Look at the license status first. The State Bar defines the most common ones:

• Active: the only status that allows a California licensee to practice law in California.
• Inactive: the lawyer chose this status and can’t practice law until returning to active.
• Not eligible: the lawyer may not practice law; reasons include suspension and unpaid State Bar fees.
• Disbarred: the California Supreme Court has ordered that the person may not practice law.
• Resigned: the person may not practice law in California.

You can search by the lawyer’s name or State Bar number. A license check is a starting point, not the whole decision. Our five tips for choosing a personal injury lawyer cover experience, communication, and fees.

Not by itself. “Esq.” is short for “esquire,” a courtesy title many lawyers add after their names. No California statute or State Bar rule defines it, so it isn’t a license. The State Bar warns that “people sometimes impersonate lawyers.”

Holding yourself out as entitled to practice law in California without an active license, or other authorization under a statute or court rule, is a crime (Bus. & Prof. Code §6126(a)). That includes lawyers who keep practicing after a suspension or disbarment (§6126(b)). The State Bar also tells people to be wary of anyone who calls themselves a notario, a title that isn’t authorized in California. It says immigration consultants can give only non-legal help.

So check the State Bar record, not the letterhead. If someone approaches you after a crash and presses you to sign, our guide to avoiding ambulance chasers lists the warning signs.

Many injury lawyers, including Wilshire Law Firm, work on contingency: the fee is a percentage of what you recover, and there are no fees unless you get paid. California generally requires a contingency fee agreement to be in writing. The lawyer must give you a copy signed by both of you when you make the agreement (Bus. & Prof. Code §6147(a)).

The agreement must state:

• the fee percentage you and the lawyer agreed on;
• how case costs affect the fee and what you take home, such as whether the fee comes out before or after costs are subtracted;
• whether you could owe the lawyer anything for related matters the agreement doesn’t cover; and
• that the fee isn’t set by law and can be negotiated.

For claims against a health care provider for professional negligence, the law caps the percentage. The agreement must instead say those caps are the maximum and that a lower rate can be negotiated (§§6146, 6147(a)(5)). If an agreement leaves out a required term, you can choose to void it, and the lawyer is then limited to a reasonable fee (§6147(b)).

Before you sign with any firm, ours included, look the lawyer up on the State Bar’s Attorney Search. Then bring your questions to a free case review, available 24/7. Our page on what to expect from Wilshire Law Firm attorneys explains how that first conversation works and the kinds of cases we handle.

This article is general information, not legal advice, and licensing rules can change.