Andrew L. Shapiro | November 12, 2024 | Personal Injury
The title esquire sometimes appears after a lawyer’s name, usually abbreviated as “Esq.” But what does esquire mean? The Esq. meaning is a bit convoluted.
In the U.S., the esquire title is generally reserved for lawyers. It’s considered an honorary title and isn’t bestowed or protected by law. It’s safe to presume someone is a lawyer if the title appears after their name. However, esquire is not an abbreviation for a lawyer, and it’s not a title that is earned.
Here, we’ll define esquire in greater detail and explore the history of its usage and legal significance.
What Is An Esquire?
The esquire meaning has changed dramatically over time. Historically, an esquire was an honorific title used for English gentry, the social class below the nobility who were generally wealthy landowners and did not need to work for a living. An esquire ranked above a gentleman but lower than a knight.
The term has its roots in the Latin word scutarius, or “shield-bearer.” It made a distinction between freemen, or shield-bearers, and slaves, or shield-makers. The modern-day word comes from the French écuyer (escuier in Old French) which referred to a young knight in training. By the end of the Middle Ages, the high cost of the accolade ceremony for knighthood caused many noblemen to simply remain écuyers for life.
In England, the term became synonymous with gentlemen or noblemen. The principal landowner in a parish became known as “the squire.” There are still respected protocols for the proper use of the term esquire in the U.K. for formal and official purposes. However, it’s mostly used as an informal compliment or title of courtesy.
The Cornell Law School’s Legal Information Institute provides an esquire definition in the legal context. In the U.S., it’s used similarly as an honorific title, but it’s almost exclusively used for lawyers. “Esquire” (or “Esq.) is added to the end of an attorney’s name following a comma, such as “John Doe, Esq.” It’s used when addressing or referring to a lawyer in written form, but it’s considered bad etiquette to append the title to your own name.
Any lawyer licensed to practice law may use the esquire title. This includes probate lawyers, personal injury lawyers, and family law attorneys, and lawyers in other practice areas.
J.D. Versus Esq. Meaning
Esq. isn’t the only abbreviation you may see after a lawyer’s name. Another common abbreviation is “J.D.” which stands for Juris Doctor. Much like “M.D.” and “Ph.D.,” the J.D. academic suffix means the person has earned a law degree.
Less commonly, you may see an “LLM” abbreviation for Legum Magister or Master of Laws. This is an advanced law degree. The J.D. suffix only means that someone has completed law school and is entitled to take a state bar exam. It does not mean they have been admitted to the bar and are licensed to practice law.
The Esq. suffix does not technically mean someone is licensed to practice law. However, it’s widely recognized as a title used only for lawyers. In many states, the use of Esq. or esquire by a non-attorney may be considered the unlicensed practice of law.
Can Anyone Use The Title “Esquire”?
Only licensed lawyers should use the title. If a non-attorney uses esquire or the Esq. abbreviation, it can be considered misleading. In some states, the use of the title may even be viewed as the unlicensed practice of law.
For example, a California appellate court case considered a defendant’s use of “Esq.” after his name on letterhead as evidence of implying he was a lawyer. Florida Court cases have held that using the esquire title or abbreviation constitutes the unlicensed practice of law under Florida Statute 454.23. The State Bar of Arizona warns that the use of designations like esquire or lawyer are considered the unauthorized practice of law for people who aren’t members of the Bar.
Simply using the esquire title as a non-lawyer may or may not be enough to face legal consequences. Courts will consider whether a defendant represented themselves as licensed to practice law in other ways. For instance, marketing themselves as an attorney, negotiating on someone else’s behalf to reach a settlement offer, or offering legal advice.
The Significance and Proper Use of the Title “Esquire”
The title “Esquire,” or “Esq.,” has evolved significantly from its origins in the English gentry to its modern use as an honorary designation for lawyers in the U.S. While it does not legally signify licensure to practice law, it is widely recognized as an indicator that someone is an attorney. Misusing the title as a non-lawyer can lead to legal repercussions in some states, where it may be interpreted as the unauthorized practice of law.
Ultimately, “Esquire” serves as a mark of professionalism and tradition within the legal field, signifying an attorney’s role in offering legal services and upholding client advocacy. If you have any questions, contact JUSTICENTER Personal Injury Lawyers to schedule a free consultation.
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