Attorney vs. Lawyer
First, the difference between an attorney and a lawyer should be specified, as all attorneys are lawyers, but not all lawyers are attorneys. Both lawyers and attorneys have to have graduated from law school, but a lawyer only becomes an attorney once they’ve passed the bar exam. Passing the bar allows a lawyer to act as a legal representative (i.e., attorney) in court, while a lawyer is only able to give legal advice.
You would need a lawyer for legal advice regarding adoption, business contracts, hiring divorce lawyers, estate planning, or other situations in which having legal advice would be helpful. However, if any of these situations go to court and you need representation, your lawyer must also be an attorney or you’ll have to hire one. Here are the most common situations in which attorneys are hired.
#1: Arrests/Court Notices
The most obvious time to contact an attorney is if you have been/could be arrested and/or if you’ve been served with a court notice. If you have been charged with any type of crime (e.g., domestic violence, sexual assault, tax fraud, unpaid parking tickets, etc.) and an arrest warrant is issued, you’ll have the opportunity to consult an attorney.
You may also choose to hire a lawyer for any other reasons you may have to appear in court, though it’s not always necessary. An example of this would be a minor traffic violation, whereas other motor vehicle offenses would require an attorney.
#2: Citizenship/Immigration Issues
If you’re trying to become a legal citizen of a foreign country, there are certain requirements that must be met and so you may need to consult with an immigration officer. However, issues can arise when dealing with citizenship that may require a court appearance.
#3: Evictions
Whether you’re evicting a tenant or you’re a tenant getting evicted, you may need to hire an attorney. Landlords should hire an attorney when they’re trying to evict a tenant that hasn’t paid rent or is violating other terms of their lease. On the other hand, if you’re a tenant and you feel as if you’ve been wrongfully evicted, you will also need to consult an attorney as you may have to appear in court.
#4: Medical Malpractice
This refers to any medical mistakes that may have been made that results in more damage or death. You’ll definitely need to hire an attorney if you’re a doctor and your medical practice is being sued. Examples of medical errors include, but are not limited to:
- Anesthesia errors
- Birth injuries, including Cerebral palsy and Erb’s palsy
- Dental malpractice
- Diagnostics errors
- Drug recalls
- Emergency room errors
- General medical malpractice
- Hospital errors
- Misdiagnosis
- Negligent treatment
- Nursing home neglect
- Pharmacy errors
- Surgical mistakes, including outpatient procedures
Medical mistakes are actually the third leading cause of death in the U.S., with OB-GYNs being sued most often, followed by surgeons, orthopedists, radiologists, anesthesiologists, primary care physicians, and oncologists.
#5: Personal Injury
Personal injury is probably the most common reason that people sue, and it refers to damage inflicted on an actual person— in other words, injuries sustained in an accident. This includes, but is not limited to:
- Defective medical devices
- Dog bites
- Drug recalls
- Medical malpractice is also considered a personal injury
- Motor vehicle accidents, including bicycles, boats, buses, cars, intoxicated driving, motorcycles, rideshare services, and trucks
- Nursing home neglect and abuse
- Premises liability (e.g., slips and falls)
- Product liability
- Professional negligence
- Serious injuries (e.g., amputations, broken bones, burns, paralysis, traumatic brain injury)
- Sexual abuse/assault
- Work accidents/workers’ compensation claims
- Wrongful death resulting from other personal injury
Because personal injury claims are one of the most common court cases, you will want to hire an injury lawyer that can legally represent you in court (an attorney) if you decide to sue or if someone sues you for any of these claims. Note that if you are accused of personal injury that you should hire a criminal defense attorney, specifically.
The bottom line is that if you’re going to need legal representation in a court of law, you’ll need to make sure that you hire an actual attorney instead of just a lawyer. Lawyers who are not attorneys can only give you legal advice and cannot represent you in court. You should always hire some type of lawyer if you’re unsure about whether or not you can handle legal matters or represent yourself in court.