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Attorney vs. lawyer vs. paralegal: who can do what

beginner5 min read

Attorney vs. lawyer vs. paralegal: who can do what

The legal services world has multiple roles, and the terminology can be confusing. "Attorney" and "lawyer" mean the same thing in modern American English, but a paralegal is different from both. Legal document preparers, notaries public, and legal technicians are different again.

This lesson explains who each role is, what they can legally do, and where the line is between professional legal help and unauthorized practice of law.

The core distinction

The single most important distinction is whether the person is licensed to practice law. In every state, only licensed lawyers can:

  • Give legal advice on a specific situation
  • Represent someone in court
  • Negotiate on someone's behalf in a legal dispute
  • Hold themselves out as a lawyer
  • Sign legal documents on behalf of a client

Everyone else has more limited authority: usually limited to providing information and assisting with paperwork without giving advice.

Crossing the line between authorized and unauthorized practice is illegal: it can result in criminal charges, civil penalties, and, for lawyers who facilitate it, professional discipline.

Attorneys and lawyers (same thing)

In modern American usage, attorney and lawyer are synonyms. Both refer to a person who:

  • Has a law degree (Juris Doctor, or JD, from an accredited law school)
  • Has passed the bar exam in their state
  • Is admitted to practice law in their state
  • Is in good standing with their state's bar

A few historical distinctions are mostly gone:

  • "Attorney" used to specifically mean someone licensed to represent clients in court (compared to a "solicitor" who only advised). The U.S. doesn't have that split anymore.
  • "Lawyer" was sometimes used for anyone who studied law (including academics). Modern usage requires both the degree and the license.

In British English, the distinction between barristers (courtroom advocates) and solicitors (advisors and document drafters) still exists, but the U.S. doesn't follow it.

What attorneys can do:

  • Give legal advice on specific situations
  • Represent clients in court at any level
  • Draft legal documents (contracts, pleadings, wills, etc.)
  • Negotiate on behalf of clients
  • Charge fees for legal services

Paralegals

A paralegal is a trained legal professional who works under the supervision of an attorney. They typically have specialized education (associate's degree, certificate program, or four-year degree) and may be certified by professional organizations.

What paralegals do:

  • Legal research
  • Drafting initial versions of documents (which an attorney then reviews and signs)
  • Managing case files
  • Organizing exhibits
  • Interviewing clients and witnesses (gathering information, not giving advice)
  • Filing documents with courts
  • Communicating with courts and opposing counsel about scheduling and routine matters

What paralegals cannot do:

  • Give legal advice on specific situations
  • Represent clients in court (with very narrow exceptions)
  • Sign court documents on behalf of clients
  • Set fees or accept clients independently
  • Hold themselves out as lawyers

A skilled paralegal can be essential to a busy law office. The work they do at a paralegal billing rate (often $100-$200/hour) is much cheaper than the same work done by an attorney.

A few states (Washington was the first, but it has since stopped admitting new ones) have experimented with "limited license legal technicians": non-lawyers with specialized training who can give limited legal advice in narrow practice areas (often family law).

The programs have been controversial within the legal profession. Most states haven't adopted them. Where they exist, the LLLTs:

  • Have specialized training and pass an exam
  • Can give legal advice in their narrow area
  • Cannot represent clients in court
  • Charge less than full attorneys

Whether your state has anything like this depends on local rules. Most states still draw the bright line between licensed attorneys and everyone else.

Some states allow non-lawyers to operate as "legal document preparers" or "legal document assistants." They:

  • Help clients fill out standard forms (uncontested divorce, simple wills, basic contracts)
  • Provide general information about how forms work
  • Cannot give legal advice
  • Cannot represent clients in court
  • Are typically licensed or registered with the state

Document preparers can be valuable for simple, routine matters. They can't substitute for a lawyer when actual legal advice is needed.

Notaries public

A notary public is someone authorized by the state to verify signatures and administer oaths. They:

  • Witness signatures on documents
  • Administer oaths (e.g., for affidavits)
  • Verify the identity of signers

What notaries cannot do:

  • Give legal advice (in most states)
  • Draft legal documents
  • Represent clients
  • Provide legal services

In some other countries, notaries (notarios) are essentially lawyers. In the U.S., they're not. A "notario" who advertises legal services in immigrant communities is committing the unauthorized practice of law if they're not also a licensed attorney.

Court self-help center staff

Self-help center staff at courthouses provide procedural help to pro se litigants. They can:

  • Explain procedural requirements
  • Provide forms
  • Tell you about deadlines and filing fees
  • Refer you to other resources

They cannot:

  • Give legal advice
  • Tell you what arguments to make
  • Predict outcomes
  • Recommend specific defenses

A separate lesson covers what self-help centers can and can't do.

Legal aid organizations employ licensed attorneys who provide free representation to qualifying low-income clients. The lawyers have the same authority as any other lawyer: they just don't charge their clients.

Legal aid is typically funded by federal grants (the Legal Services Corporation), state funding, charitable donations, and sometimes the private bar.

Eligibility usually requires income at or below 125-200% of the federal poverty level, plus that the case fits within the legal aid organization's priorities (often family law, housing, public benefits, immigration, consumer issues).

Who works on the average case

In a typical law firm, a single client matter might involve:

  • A senior partner (attorney) who oversees strategy
  • An associate (attorney) who does most of the day-to-day work
  • A paralegal who handles document review, organization, and drafting
  • A legal secretary who handles correspondence and filing
  • An office manager who handles billing and intake

The client interacts mostly with the lawyer, but a lot of work happens at the paralegal/staff level. This is why "lawyer rates" don't fully reflect the actual work: much of it is done by people billing at lower rates.

Why the distinctions matter

If you're considering legal help:

  • For substantive legal advice: only an attorney can give it. Don't accept legal advice from a paralegal, document preparer, or notary, even if they say it's their professional opinion.
  • For form filling: a document preparer or self-help center can help. So can a paralegal in some contexts.
  • For document review: only an attorney can advise you on what a contract means or whether to sign it.
  • For court representation: only an attorney (with very narrow exceptions for self-representation or limited specialty programs).
  • For routine procedural questions: a court self-help center, clerk, or paralegal might be able to help.

If you're not sure who you're talking to, ask: "Are you a licensed attorney?" If they aren't, you're not getting legal advice: you're getting information.

A note on online services

Online legal services (LegalZoom, Rocket Lawyer, etc.) operate in a gray zone. They provide forms and templates, sometimes with attorney review. Whether they cross into unauthorized practice of law depends on the state and the specific services offered.

For simple, routine matters (a basic will, a single-member LLC), they can be a reasonable option. For anything complex or contested, they're not a substitute for actual legal counsel.

This lesson is research and educational information, not legal advice. If you're not sure whether someone is qualified to help you with a legal matter, ask them directly whether they're a licensed attorney. If they aren't, treat their input as information rather than advice.