Doctor, Doctor...Mister...JD?

Q: A law degree is known as a juris doctor. Is it appropriate, then, to call a lawyer, “Doctor?”

A: This is a funny little question that polemics often engage in, it would seem, for shear sport. Those two little letters preceding one’s name bespeaks authority, intellect, and honor.

Lawyers get gypped on that front, I suppose. After all, attorneys put in three years to get a J.D., and follow that up with one of the hardest, quite masochistic, tests known to mankind. What is more, the very degree that we attorneys possess suggests that it would be appropriate to call us, “Dr. Attorney.” After all, M.D. stands for “Medical Doctor” and we call our physicians doctor, do we not?

Surprisingly, the reason why attorneys do not bear this titular prefix is rooted in a notion professional humility.

Dear Sidebar, Please tells us you are starting to tell a joke. Lawyers humble? Seriously, what’s the punch line? Signed, The Society for Protection of the Falsely Humble.

It is no joke. In the earlier part of the twentieth century, the American Bar Association (ABA) considered passing a resolution that would permit us to be titled, “doctor.” But, the committee exploring the idea determined that such a reference would be inappropriate, misleading, and grounded only in “self-laudation.” Still, about a year later, that same ABA committee determined it might be ok, provided the attorney was not using the title to mislead.

Dear Sidebar, We knew it! Signed, the SPFH again.

And that is the crux of the problem. When someone is referred to as “doctor,” generally we do ascribe a certain level of intellectualism or heightened professionalism to the person (whether they deserve it or not). Medical doctors are specialists in health. Ph.D.’s are purported masters within a very narrow realm of academia. Doctor’s of Theology are respected as experts in all things God. But, a juris doctor really is just an attorney.

Now that does not imply that attorneys are lacking in academic ability. It just means that the profession of law is much more a practical profession than it is an academic one. We are counselors, advisors, and advocators, for the most part. What we are “expert” in is the law and how it is to be applied. Because the law is so general, even our title must indicate our professional diversity. To call us doctors –because of cultural norms, historical tradition, or pure arrogance – could be misleading and detract from our representation.

While the title, “doctor” is a rather generic one in professional or academic circles, only one profession is uniquely and ubiquitously known as, “Esquire.” And, yes, I am quite proud of that.

Copyright: Jeremiah G. Dys, Esq. May not be used absent express, written permission. Please contact the author for permission to reprint.