Who is an Esquire

The term “esquire” is commonly used in the American legal profession, but there is plenty of confusion as to who, when, and how, one should use it.  I do not pretend to be the definitive opinion on the topic, but I hope to provide guidance as you choose to use the word.

    “Esquire” was a term that came to England in 1066 with the Norman conquer.  Black’s Law Dictionary defines the term as “one who holds the shield.”  Originally, the term was meant to indicate a sort of protector, or right-hand man, to a person of higher social status.   The term later morphed into a man of status somewhere between a gentleman and a knight. The “esquire,” or “squire,” helped his knight with the governance of his property, and went to his aid whenever necessary.  One would only use the term to refer to another person, never of oneself.

    As English society developed, aristocracy began using the term as a form of honor in correspondence.  Addressing a letter to John Quinn, Esq. was a form of flattery, implying a close personal relationship with the sender.  To this day, men who receive invitations to Buckingham Palace are addressed as Esquire.

    Fast forward to the present, and we see attorneys use the word as if it were given to them.  Many refer to themselves as “esquire” in casual conversation, while others use it as part of their personal signature.  This is in total contradiction of the original use and history or the title itself.  What is worse it that many don’t have a clue where it came from.  Graduation from law school and a bar passage result, in many minds, means they are now an “esquire” without much though into its meaning.

So who gets to use the term?  In the US, attorneys use it.  There is no written law on the matter, but the term connotes someone with legal education, and using the term without a juris doctor is clearly misleading.  The US Supreme Court has heard the issue of use on a few occasions, but each time was in reference to a non-lawyer using esquire for the purpose of practicing law without a license.  The “when” and the “how” are slightly more complicated.  Based on original usage, I only use the term to refer to or send correspondence to other male attorneys.  Used in reference to female lawyers, in my opinion, is disrespectful much as it would be to call a woman “mister.”

I also never refer to myself as “esquire,” in line with the term’s historical usage.  I rely on my colleagues to call me by that title should they so choose, and I happily return the favor.

     Who doesn’t like themselves to be an “esquire?”  I think all attorneys like it, but many are unsure how to use it.  My opinion is simple:  never refer or sign as one, and always address other male attorneys as one in correspondence.  Judges, of course, would be considered a higher status than an “esquire,” so please do not refer to a judge as such.

[This post was originally published to jdduncanlaw.com on January 21, 2010.]

JD

John D. Duncan is president of J.D. Duncan, PC, founding partner of Prater, Duncan & Craig, LLC in Newnan, Georgia, and is Esquire by Day.  You can find him at www.jdduncanlaw.com, or follow him on twitter and Facebook.