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.


Asked on 8/29/01, 4:45 pm

2 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

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.

DISCLAIMER: NO LEGAL ADVICE IS PROVIDED HEREIN. NO ATTORNEY-CLIENT RELATIONSHIP HAS, AT THIS POINT, BEEN ESTABLISHED.

IF YOU REQUIRE ASSISTANCE WITH THIS MATTER, CONTACT AN ATTORNEY. IF YOU WOULD LIKE TO RETAIN MY SERVICE, I AM AVAILABLE AT (410) 799-9002.

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Answered on 9/22/01, 7:51 pm
Daniel Press Chung & Press, P.C.

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.

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Answered on 9/17/01, 10:28 am


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