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Is a JD an Attorney?
Posted 6th March 2013 at 03:53 PM by kindsvater
Every once in a while someone will come on the forum calling themselves an "attorney."
Sometimes they are.
Sometimes it is fraud.
Sometimes they have a JD. What does that mean?
A "J.D." stands for Juris Doctorate. It is the degree obtained by passing law school.
Going to law school, however, generally does not entitle one to practice law. A person must take a test to confirm they are confident, submit information for a background check including fingerprinting here in California, and be licensed by the state.
Only then is someone licensed to practice law and able to provide legal advice, represent someone, etc.
Some pass law school and get a degree, their JD, but never become able to practice law. There are numerous reasons:
- They were disbarred for illegal conduct.
- They were unable to pass the competency test.
- They spent 3 difficult and grueling years of their life in law school $100,000, and just decided not to be licensed.
Personally, I am suspicious of that last category.
There are also those who are licensed but are "inactive" because they are retired, are judges, or found something better to do than practice law. There is no problem with someone in this status. All they have to do is pay a fee and activate their license.
The problem is sometime someone with a "JD" says "I am an attorney." The intent is to deceive you into thinking they are an attorney as you commonly think of one - someone able to provide legal advice, have communications be protected by the attorney-client privilege, and so on.
But that is not the case. The laws of each state vary and I have not reviewed the laws of most states. But the states I have looked at are reasonably clear: going to law school does not mean you are an attorney.
All it means is one went to law school and obtained a degree.
Saying you are an attorney without being licensed is just deceptive without disclosing an inability to practice law. In some instances. to deal with the issue a state, like Texas, has had to enact really specific laws stating one cannot say they are an "attorney" if they merely have a JD but cannot practice law.
So now you know: generally, having a JD does not make one an attorney.
FYI - Yes, I am an attorney.
Sometimes they are.
Sometimes it is fraud.
Sometimes they have a JD. What does that mean?
A "J.D." stands for Juris Doctorate. It is the degree obtained by passing law school.
Going to law school, however, generally does not entitle one to practice law. A person must take a test to confirm they are confident, submit information for a background check including fingerprinting here in California, and be licensed by the state.
Only then is someone licensed to practice law and able to provide legal advice, represent someone, etc.
Some pass law school and get a degree, their JD, but never become able to practice law. There are numerous reasons:
- They were disbarred for illegal conduct.
- They were unable to pass the competency test.
- They spent 3 difficult and grueling years of their life in law school $100,000, and just decided not to be licensed.
Personally, I am suspicious of that last category.
There are also those who are licensed but are "inactive" because they are retired, are judges, or found something better to do than practice law. There is no problem with someone in this status. All they have to do is pay a fee and activate their license.
The problem is sometime someone with a "JD" says "I am an attorney." The intent is to deceive you into thinking they are an attorney as you commonly think of one - someone able to provide legal advice, have communications be protected by the attorney-client privilege, and so on.
But that is not the case. The laws of each state vary and I have not reviewed the laws of most states. But the states I have looked at are reasonably clear: going to law school does not mean you are an attorney.
All it means is one went to law school and obtained a degree.
Saying you are an attorney without being licensed is just deceptive without disclosing an inability to practice law. In some instances. to deal with the issue a state, like Texas, has had to enact really specific laws stating one cannot say they are an "attorney" if they merely have a JD but cannot practice law.
So now you know: generally, having a JD does not make one an attorney.
FYI - Yes, I am an attorney.
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