John C. Austin | August 22, 2024 | Miscellaneous
In England during the Middle Ages, a knight was attended by an esquire, a knight in training who served as an armor or shield bearer. Why, then, does the word “esquire” often appear in court documents and correspondence from attorneys in 21st-century America?
“Esquire” Defined
Cornell Law School’s Legal Information Institute defines “esquire,” as it’s now used, as a courtesy title bestowed upon a personal injury lawyer that follows their surname in formal documents. Unlike in medieval England, where esquires were exclusively male, both men and women now use the title, which is usually abbreviated as “Esq.”
From Knights Attendant To Lawyers
It’s unclear how the title “esquire” came to be used by American lawyers.
A formal opinion on the use of the term published by the New York City Bar in 1994 mentions two British jurists, William Blackstone and Edward Coke, who had created a list of appointed positions that should carry the title. Some positions were legal; others weren’t. The opinion pointed out that no authority reserves it for use by lawyers, nor does it have any direct relation to the law.
A 1987 article from the Michigan Bar titled “Esquire Does Not Mean Lawyer” cites a 1964 Encyclopedia Britannica entry stating that after the Middle Ages, “esquire” had extended to all professional men. It eventually became so overused that it lost its meaning.
A Christian Science Monitor piece from 2022 describes the use of the title in the U.S. legal community as an “odd honorific,” considering its close association with English knights. The writer explains that not every lawyer adopts the archaic title; rather, it can be used only by licensed attorneys, who are required to pass a state bar exam.
How Lawyers Use “Esquire”
Lawyers generally only use “esquire” on their business cards and in formal written communication, both hard copy and email correspondence. For example, it may appear on their letterhead or with their signature. Occasionally, legal professionals may also use the title when referring to one another.
Some firms may have specific protocols for using the title, such as only when writing or signing documents or including it in the address but not the greeting.
Why Lawyers Use the Title
If there’s no official regulation requiring the use of “esquire,” why do lawyers use it? Here are some possible reasons:
- As a matter of custom
- To lend themselves a sense of prestige
- To accentuate their achievements and status as a practitioner
- To highlight their competence and experience
- To set themselves apart from other lawyers
Not all attorneys use the title. A few even openly oppose it, arguing that it implies lineage and nobility. Interestingly, the U.S. Constitution prohibits the granting of titles of nobility.
Should a Client Address Their Lawyer As “Esquire?”
While it’s not required, using the honorific expresses respect for the lawyer. Typically, clients should only use it when writing correspondence related to a legal matter the lawyer is handling for them.
When including the title in a letter, place it immediately after the attorney’s surname, separated by a comma. If you decide to include “esq.,” there’s no need to use “Mr.” or “Mrs./Ms.” before the lawyer’s first name.
An Outdated Custom?
With the rise of the internet, texting, and social media, communication within the legal community has become increasingly casual. The day may soon come when most or all lawyers decide that “esquire” is an outdated custom and stop using it altogether. Until then, the title remains a fascinating historical curiosity, one that’s unique to the field of law.
Contact the Law Firm of Roman Austin Personal Injury Lawyers for Help Today
For more information, please contact the legal team of Roman Austin Personal Injury Lawyers for a free initial consultation with a personal injury lawyer in Clearwater. We have convenient locations in Florida: St. Petersburg, Safety Harbor, Clearwater, New Port Richey, and Tampa.
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