Jill Kolodner | December 26, 2024 | Personal Injury
The term “esquire,” commonly abbreviated as “Esq.,” is traditionally added after someone’s name to signify they are an attorney. But what is an esquire? What does the title actually mean?
While Esq. is often believed to be an abbreviation for a lawyer, the title is not legally conferred to someone through a license or degree. Instead, it’s an honorary title that, by convention, is used for lawyers.
While it’s natural to presume someone is an attorney if they have the esquire title on their letterhead, keep in mind the term isn’t actually legally protected or bestowed. Its use may even constitute the unlicensed practice of law in some cases. Here’s what you should know about the significance and history of the esquire title.
What Does Esquire Mean?
The esquire definition according to Merriam-Webster is an attendant to a knight and candidate for knighthood who is serving as a shield bearer or a member of the English gentry. The dictionary’s legal definition is that the title is used as a courtesy for attorneys, often capitalized and used in abbreviated form after the lawyer’s name.
Cornell’s Wex legal dictionary has a similar Esq. meaning but notes that it doesn’t have the same professional meaning in England as in the United States.
Esquire comes from the Old French word “esquier” which comes from the Latin word “scutarius” which means shield-bearer. This etymology shows where the history of the title began.
The History of Esquire
The term esquire comes from the Old French word “esquier,” which was used in a shortened form, “squire.” During the Middle Ages, this word referred to a young male training to be a knight. Boys in training began as a page, advancing to squire at age 14. As a squire, boys would carry a knight’s armor, shield, and weapons, saddle their horse, and carry their flag into battle.
Knighthood was the status of wealthy landowners who had the wealth and time to commit to training, weaponry, and armor.
During the late Medieval times in England, esquires were more commonly members of the English Court who were appointed into the most trusted servant positions for the royal household.
By the 15th to 16th centuries, knighthood became less common as knights on horseback were no longer used in battle. The wealthy no longer completed the accolade ceremony for knighthood, instead remaining a squire or esquire.
It was around this time that the word esquire became used to describe the main landowner in a parish. The head of the household would be called “the squire” or “esquire.” They usually had a coat of arms and owned a large estate, including a village, and the villages were their tenants.
As knighthood became less common, esquire became an honorary title for the “landed gentry,” this higher social class, which was bestowed by the nobility. It conveyed social position and respect for the English gentry as a rank below a knight but higher than a gentleman.
How Esquire Became Associated With Lawyers
In England, the esquire meaning slowly changed over time. Once it was held for only landed gentry, certain officials, and the eldest sons of knights, baronets, and other men with titles. In modern times, it may be used as an honorific to address all types of professional men, similar to Mr. or Dr.
It was commonly used as a default title in correspondence for men without a higher title, with no distinction in status from Mister. Use of Esq. declined in England by the 1970s, and it’s rarely used today, with Mr. favored instead.
In the United States, the title of esquire was once given to justices of the peace. It was also given to members of the Council of Virginia during colonial times. Its use for attorneys began during the 18th century, peaking in the 19th century. Since then, use of the title esquire has declined, but it is still almost exclusively used to refer to lawyers.
J.D. Versus Esq.
It’s common to see other abbreviations in the legal profession, not just Esq. You may also see J.D., which stands for Juris Doctor. This academic suffix can be used by someone who has passed law school and has the right to take their state’s bar exam. LLM is less common and stands for Legum Magister or Master of Laws, an advanced legal degree.
J.D. is similar to Ph.D. or M.D. It’s also a professional doctorate degree, but it’s called a terminal degree, which means the degree is used for a specific discipline, much like Doctor of Dental Surgery (DDS).
Lawyers, also called juris doctors, are one of the few professions with an earned doctorate who are not called Doctors. The title is usually reserved for medical doctors, but it can also be used for researchers and professors who have earned a Ph.D.
J.D. does not mean someone is a lawyer. Instead, it indicates someone has earned a law degree and is eligible for the bar exam.
Can Anyone Use the Title Esquire?
Even though the title is not earned or bestowed as a matter of law, someone who is not a licensed, practicing lawyer may be implying they have a license to practice law by using the title. Many courts have recognized the strong association between esquire and attorney and may consider the use of the title to be misleading or even misrepresentation. However, this strongly depends on the circumstances.
As a general rule, unlicensed practice of law is usually defined as representing oneself as a lawyer or providing legal services without a license to do so. Courts may consider other evidence to decide if someone is holding themself out to be a lawyer.
Using the title esquire can be misleading if it’s combined with other behaviors such as:
- Marketing themselves as an attorney, lawyer, or even esquire
- A misleading website or business card
- Offering legal advice for a situation involving personal injury
- Negotiating a settlement for someone else
- Preparing legal documents
- Entering into a contingency fee agreement
Several bar associations have rules and guidance on the use of esquire and similar terminology. There have also been court cases in which the use of Esq. or Esquire was evidence of unlawful practice of law.
The Maryland Attorneys’ Rules of Professional Conduct address this in Rule 19-305.5, which defines the unlicensed practice of law, in part, as “holding out to the public or otherwise representing” someone is admitted to practice law when they are not.
A Qualified Attorney Can Help With Your Case
If you are hiring an attorney, whether it’s a personal injury lawyer, probate lawyer, or family law attorney, remember to check their credentials. Do not assume someone advertising as a lawyer is licensed to practice law. In Maryland, you can check an attorney’s standing with the bar and their eligibility to practice through the Supreme Court of Maryland.
Contact the Baltimore Personal Injury Law Firm of WGK Personal Injury Lawyers Today For Help
For more information contact the Baltimore personal injury law firm of WGK Personal Injury Lawyers to schedule a free initial consultation.
WGK Personal Injury Lawyers
14 W Madison St, Baltimore, MD 21201, United States
(410) 837-2144
WGK Personal Injury Lawyers – Dundalk Office
7329 Holabird Ave Suite 3, Dundalk, MD 21222
By appointment only
(410) 970-3080
