Legal Question in Legal Ethics in Maryland
Status For Non-Barred Lawyers
Can someone with a JD who sat for the Bar July 2001 and is waiting on results take the title ''Legislative Counsel'' in a congressional office even though the results of the exam will not be known for another 2 months? My understanding it that a JD denotes a lawyer, not an attorney, so a JD can have the title without being barred.
2 Answers from Attorneys
Re: Status For Non-Barred Lawyers
What exactly is the distinction between an lawyer and
an attorney? These terms are synomous (See Black's Law Dictionary, Sixth Edition at p. 128, "attorney and lawyer
are same in most common usage except where specific designation is made). Nonetheless,
per Maryland's Rules of Professional Responsibility, a license is required to represent oneself as an
attorney, lawyer, counselor or in any other capacity where legal advice is provided whether for a fee or not.
It is absolutely inappropriate to take any title or designation, or to make any representation that
one possess a license to practice law when one has not met ALL requisite requirements. You must meet all
of the Rules of the Court of Appeals of Maryland to take the title of Legislative Counsel. To do so prior to
meeting all requirements constitutes an ethical violation for which sanctions lie. Maryland case law
shows several cases on point. To take the title prior to licensing places your chances of future licensing at stake.
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Re: Status For Non-Barred Lawyers
Calling onesself "counsel" "lawyer" or "attorney" or otherwise suggesting that one is licensed to practice law when one is not is illegal and unethical, and may well result in admission being denied. A J.D. itself gives one no right to use any title, and using even "J.D." after one's name, outside of academia, to suggest a certain status, would likely also be considered misleading.