Summary

• In England and Wales, ‘lawyer’ is not a protected title and can be used by anyone, qualified or not.
• Only certain legal titles are protected by law, including Solicitor, Barrister, Legal Executive, Licensed Conveyancer, and Notary Public.
• Using a protected title without qualification is a criminal offence; using “lawyer” without qualification is not.
• Clients may be misled into thinking they are instructing a qualified legal professional when they engage someone calling themselves a lawyer.
• The term ‘lawyer’ carries no guarantee of regulation, training, insurance, or accountability in England and Wales.
• Scotland has passed legislation making it a criminal offence for unqualified people to use the title ‘lawyer’.
• In contrast, in the United States, the term ‘lawyer’ is legally understood to mean a qualified attorney.
• Certain legal activities are reserved by law and can only be carried out by authorised persons, but many legal services are unregulated.
• When instructing a legal advisor, it is vital to check that they are regulated by the SRA and carry indemnity insurance.

In everyday conversation, the word ‘lawyer’ is often used to describe someone who gives legal advice, represents clients, or appears in court. It’s a catch-all term used in films, media, and even by some in the profession. But in England and Wales, there’s a crucial distinction: there is no such thing, formally, as a ‘lawyer’. Unlike the United States, where the terms ‘lawyer’ and ‘attorney’ are synonymous and refer to regulated legal professionals, the term ‘lawyer’ in England and Wales is unprotected and can be used by anyone, even people who hold no qualifications.

This matters. Because without legal protection of the term, anyone can describe themselves as a ‘lawyer’ even if they are not a Solicitor, Barrister, or otherwise authorised to provide legal services. Clients could be misled into thinking they’re instructing someone who has completed a law degree and the required training when in fact, their ‘lawyer’ has never set foot in a law school.

What is the difference between a Solicitor and a Lawyer in the UK?

The term lawyer is an umbrella word to describe someone who is a licensed legal practitioner. It includes people who are Solicitors, Barristers, and Chartered Legal Executives.

Let’s look at each of these separately.

Solicitor

A Solicitor provides legal advice, drafts and negotiates contracts, writes Wills, trust documents, and Lasting Powers of Attorney, and does the preparatory work in commercial and litigation matters. They are the ones that meet with clients and discover what they need and advise on the applicable legal solutions.

Solicitors can represent clients in lower courts and tribunals.

To qualify as a Solicitor takes around six years. People either complete a law degree or a level 7 apprenticeship.

After finishing their law degree, graduates will normally complete a two-year training contract in which they will work full time in a law firm. At the end of the training contract, they will take the Solicitors Qualifying Examination (SQE).

Barristers

Barristers specialise in representing people in court, especially in the High Court, Court of Appeal, and the Supreme Court. Barristers tend to concentrate on a particular area of law, for example, family, criminal, or commercial law.

Senior Barristers are called King’s Counsel. They are appointed by the King on the recommendation of the Lord Chancellor.

Barristers and King’s Counsel are typically instructed (hired) by Solicitors; however, clients can instruct a Barrister themselves (known as ‘direct access’).

Aspiring Barristers either complete a law degree or undertake a law conversion course (Graduate Diploma in Law) after completing a non-legal degree. They must also complete a vocational component which consists of a Bar training course, and a work-based component, known as a pupillage.

Chartered Legal Executive

Highly specialised in a particular area of law such as family, personal injury, or conveyancing, a Chartered Legal Executive carry out the same role as a Solicitor. Their work is often supervised by a Senior Solicitor or Partner.

To become a Legal Executive with the Chartered Institute of Legal Executives (CILEX), takes around five years. A person must complete a CILEx (Chartered Institute of Legal Executives) qualification, which consists of three levels – level 3, level 6, and level 7.

All the above titles are legally protected. It is a criminal offence for someone to describe themselves using one of these terms without being properly qualified and regulated. You’ll notice that ‘lawyer’ is not on this list.

What are the risks to the public?

Because ‘lawyer’ is unprotected, people seeking legal advice may be exposed to someone who appear to be a legal professional but is not qualified, insured, or regulated.

In the areas of law listed below, unqualified people can call themselves lawyers and legally offer services, giving clients a false sense of security. Because they are unregulated, they may not carry professional indemnity insurance, have a complaints process, or offer any route to redress if things go wrong.

• Immigration advice (when not given by OISC-regulated advisers or qualified solicitors)
• Employment disputes

• Family law mediation
• Will-writing and estate planning

Who can call themselves a ‘lawyer’ in Scotland?

The Scottish Government has recently passed the Regulation of Legal Services (Scotland) Bill which regulates the use of the term ‘lawyer’.

Unqualified advisors will no longer use the term ‘lawyer’. Also, the Bill makes it illegal for someone to call themselves a lawyer in connection with providing (or offering to provide) legal services to the public for fee, gain, or reward.

A person committing the offence can be fined up to £2,500.

The Law Society of Scotland has supported this approach, highlighting the importance of public trust in legal services. England and Wales, by contrast, have taken no such similar steps.

Can you call yourself a ‘lawyer’ in the United States

In the US, the terms ‘lawyer’ and ‘attorney’ are functionally interchangeable. Both refer to someone who is qualified to practice law, usually having passed the bar exam in a specific state. The public know that a lawyer refers to someone who has been to law school and has passed the relevant exams.

This divergence can cause confusion for international clients, particularly in cross-border legal matters. Someone seeking legal advice in England might assume that engaging a ‘lawyer’ ensures the same level of protection and regulation they would expect elsewhere. However, as illustrated above, this is not necessarily the case.

How can I tell if someone is a qualified solicitor?

All Solicitors must be registered by the Solicitors Regulation Authority (SRA) and carry indemnity insurance. An SRA regulated firm will display this fact prominently on their website. You can also ask someone at the firm if the firm is SRA regulated.

Concluding comments

Legal matters can be novel, stressful, and, depending on the problem, costly. Of course people want to know that the person advising them on what is often a ‘your money or your life’ matter has a law degree and completed a training contract.

Clarity in terminology is need to protect people, particularly vulnerable individuals who may not know what qualifications to look for.

As an SRA regulated Solicitor, I can help you with:

• Advice regarding risk management and regulatory compliance.
• Drafting contracts.
• Checking legal documents to ensure they are compliant and in your best interests.
• Negotiating contracts.
• Resolving disputes.
• Providing advice to protect you from commercial disputes developing in the first place.

To find out more about any matters discussed in this article, please email us at info@43legal.com or phone 0121 249 2400.

FAQs

Is the term ‘lawyer’ a protected title in England and Wales?

No. In England and Wales, the term lawyer is not legally protected. Anyone can call themselves a lawyer, even if they have no formal legal training or qualifications. This contrasts with protected titles like Solicitor, Barrister, and Chartered Legal Executive, which can only be used by individuals who are properly trained, qualified, and regulated.

What’s the difference between a lawyer and a solicitor in the UK?

Lawyer is a broad, informal term that can refer to anyone offering legal advice, whether qualified or not. A Solicitor, on the other hand, is a legally protected title. Solicitors are fully trained, regulated by the Solicitors Regulation Authority (SRA), and required to carry professional indemnity insurance. They are authorised to draft legal documents, advise clients, and represent them in certain courts and tribunals.

Can someone call themselves a lawyer without qualifications in the UK?

Yes. Because lawyer is an unregulated term in England and Wales, people without legal qualifications can legally describe themselves this way. This presents a risk to the public, particularly in areas like immigration advice, will writing, or employment disputes, where clients might mistakenly assume they’re dealing with a qualified legal professional.

How can I check if someone is a qualified solicitor?

To confirm if someone is a qualified Solicitor, check if they are regulated by the Solicitors Regulation Authority (SRA). SRA-regulated law firms usually display their regulatory status clearly on their website. You can also search the Solicitors Register on the SRA’s official website or ask the firm directly for confirmation.

Is the term ‘lawyer’ protected in Scotland or the United States?

Yes. In Scotland, recent legislation (the Regulation of Legal Services (Scotland) Bill) has made it illegal for unqualified individuals to use the title lawyer when offering legal services to the public for payment. In the United States, the terms lawyer and attorney are used interchangeably and refer to someone who has completed law school and passed the bar exam in their state.

The content of this article is for general information only.  It is not, and should not be taken as, legal advice.  If you require any further information in relation to this article, please contact 43Legal.

Melissa Danks is the founder of 43Legal. She has over 20 years’ experience as a solicitor working within the legal sector dealing with issues relating to risk management, dispute resolution, and advising in-house counsel in SMEs and large companies. Melissa has extensive expertise in providing practical, valuable, modern legal advice on large commercial projects, joint ventures, data protection and GDPR compliance, franchises, and commercial contracts. She has worked with stakeholders in multiple market sectors, including IT, legal, manufacturing, retail, hospitality, logistics and construction. When not providing legal advice and growing her law firm, Melissa spends her time running, walking in the countryside, reading and enjoying downtime with close friends and family.