While searching for a personal injury lawyer, you might have come across the term “esquire.” Esquire was once a job title that eventually became a courtesy title of social status. Now, Colorado reserves it exclusively to reference those authorized to practice law in the state.
Here’s what you need to know about this common term.
Origins of the Term “Esquire”
Esquire comes from the Latin word for “shield.” The term once identified the person responsible for bearing a knight’s shield. If you read or watch media set in medieval Europe, you might be more familiar with the similar term, “squire.” Esquire and squire come from the same root word and have been broadly used to describe the same person.
Despite their lowly status compared to knights, squires had a relatively high social status. They were above peasants and other laborers. At the same time, they lacked a title of nobility, such as baron, duke, or viscount. As a result, squires fell in the middle of medieval society. They were below the nobles, but toward the top of the non-nobles.
Over time, the “upper crust” of non-nobles adopted the title of esquire, regardless of whether they worked for a knight. It showed that, while they were not quite nobles, they did not consider themselves commoners, either.
There were no rules for the use of the title “esquire,” so gentlemen would bestow it upon each other as a show of respect or adopt it to reflect their social status. Government officers, business owners, professionals, and, in particular, lawyers began using this term.
Who Can Use the Term “Esquire” in Colorado?
The Colorado Rules of Civil Procedure (CRCP) include a chapter on the unauthorized practice of law. Lawyers perform tasks that require certain training. When untrained individuals hold themselves out as lawyers, those who trust them can suffer harm.
Because of this, the CRCP restricts the use of any word that conveys or implies the capability or approval to provide, without supervision, services requiring legal judgment.
The rule specifically limits the use of these terms:
- Attorney
- Lawyer
- Esquire
- Legal consultant
- Legal advocate
This means that only lawyers admitted to the Colorado bar, or those admitted by Colorado courts for specific cases, may use these terms. Anyone else who uses these terms publicly could face court sanctions and even criminal prosecution for fraud.
What Can Esquires Do in Colorado?
Anyone who properly uses the term “esquire” in Colorado can perform the following tasks:
- Defend, protect, and enforce rights and legal duties
- Advise and counsel others about rights and legal duties
- Represent others before courts or government agencies
- Prepare legal documents, including lawsuit pleadings
- Any other task that the Colorado Supreme Court has decided constitutes practicing law
According to the Court, the touchstone for determining whether an act constitutes the practice of law is the exercise of legal judgment.
The rules reserve the following legal judgments to licensed attorneys:
- Advising people about the legal effects of actions or decisions
- Guiding others about legal remedies and courses of action
- Selecting and preparing legal documents
- Representing people during negotiations
- Advocating for others in legal proceedings
- Operating a law firm
For example, suppose that you were injured in a rear-end collision. Only a lawyer could analyze what happened and advise you on whether the other driver acted negligently and should be held liable for the accident.
Contact a Boulder Personal Injury Lawyer at Ferrell Injury Law to Schedule a Free Consultation
While “esquire” is generally equivalent to “lawyer” and “attorney,” what a professional calls themselves is less important than whether they are actually licensed to practice law in Colorado. If you are injured in a car crash or another type of accident, an esquire can help protect your rights.
For more information, contact a Boulder personal injury lawyer at Ferrell Injury Law to schedule a free consultation.
We proudly serve clients in Boulder and surrounding Colorado communities.
Ferrell Injury Law
2060 Broadway # 360, Boulder, CO 80302
(720) 687-2795
