If you are curious if you can be considered an Associate Attorney before you are licensed to practice law in Florida, we can help you get all the answers you need. In this blog, we will explain the definition of an Associate Attorney and help you properly and legally label yourself when you work at a Law Firm before becoming a licensed Florida Lawyer.
What Is an Associate Attorney?
An Associate Attorney is a licensed lawyer who works at a law firm but is not a partner or part owner. Firms typically employ Associate Attorneys to handle various legal tasks These are some of the typical duties of an Associate Attorney:
- Researching cases
- Drafting legal documents
- Meeting with clients
- Representing clients in court
Can I Be Considered an Associate Attorney Before Admission to the Florida Bar?
No, not officially. In order to have the title Associate Attorney in Florida you must be a Florida Bar Licensed Attorney. This means you passed the Florida Bar Exam and the MPRE as well as the Florida Bar Character and Fitness Investigation and were admitted to the Florida Bar and sworn in.
Real-Life Scenario
“I applied for an Associate Attorney position at a law firm even though I haven’t passed the Florida Bar Exam yet. Is it okay for me to apply for that position? If I get hired, can I say I’m an Associate Attorney?”
The title Associate Attorney, when used incorrectly, upsets the Board of Bar Examiners. It’s important to understand what an Associate Attorney is before using that term to describe yourself.
The word “associate” before “attorney” does not automatically tell the world that you cannot practice law. It is a widespread misconception that’s what “associate” means. When you obtain a job after being admitted to the Bar, most firms typically call newly hired lawyers/attorneys their Associate Attorneys, or “associates” for short.
Even if you are nowhere near a client or a courtroom or are only doing research at a law firm, you are not an attorney, and you are not a lawyer, until you have been admitted to the Bar. You cannot legitimately call yourself an attorney, or call yourself a lawyer, regardless of whether the word “associate” is attached at the front of “attorney” or “lawyer”, and regardless of what kind of work you’re doing at a firm.
In fact, labeling yourself an Associate Attorney in your bar application or on a law firm’s website can be seen as representing to everyone that you are licensed to practice law. In reality, holding yourself out as an Associate Attorney when you’re not licensed to practice law is often considered to be unauthorized practice of law, which is a third-degree felony in Florida.
If you have graduated from law school and absolutely must add some distinction/title after your name, it should be Juris Doctor or J.D. only. Anything else (Esq., Counselor at Law, Atty., for example) is a misrepresentation that you are licensed to practice law legitimately.
It is okay for you to apply for this type of position as long as you plan to tell the potential employer that you are NOT an attorney when responding to the ad. The firm is looking for someone who is licensed to practice law when they advertise for an Associate Attorney. An associate lawyer is allowed to appear in court on behalf of the firm’s clients and sign pleadings and letters related to a firm’s case. A person who is not licensed to practice law can do none of those things legitimately. However, if you have passed the Bar and Character and Fitness and are simply waiting on the last steps to becoming a licensed lawyer, applying for an associate lawyer position is fine as long as you don’t misrepresent yourself.
If you are already working at a law firm and are unsure of your title, ask your employer. This will help ensure the information your employer sends to the Florida Board of Bar Examiners matches up with your resume and with what you say your title is when completing your Bar application. When you are not yet licensed to practice law and you’re working at a law firm, it’s usually safe to say that your title is law clerk.
If the firm has a website, make sure that you’re not described as an Associate Attorney or any
kind of attorney at all.
For more information, check out this article: https://www.findlaw.com/legalblogs/law-and-
life/whats-the-difference-between-jd-and-esq/
Conclusion
Can I be considered an Associate Attorney before admission to the Florida Bar? No, because an Associate Attorney must be licensed to practice law. You are likely to be considered a law clerk if you work at a Law Firm before Bar admission. Be honest and clear about your title and be certain that you are not misrepresented on your Bar application or a firm’s website.
