ABAnet has an interesting article on the issue of whether attorneys can call themselves doctors. (hat tip to Adjunct Law Prof Blog)
I’m not going to get into this debate, since any position I take will likely annoy either the lawyers or Ph.D.s I know (or both). However, it’s an interesting question - can lawyers call themselves doctors, as in “I have a J.D., so call me Dr. Yates.” I generally don’t refer to myself (or ask others to refer to me) as “Dr. ” unless there is a clear professional reason to make the distinction. This isn’t out of modesty - I’ve just had situations in which the “Dr.” tag has been put out there and then people start talking to me about medical stuff - and then there’s an awkward pause and I tell them that “I’m not an M.D.” - and then there’s another awkward silence - and then you hear “so, you’re not really a doctor then…”
6 responses so far ↓
bulldog20 // September 28, 2007 at 1:47 pm
We need to take the MDs down. They have been far too arrogant with the Dr. title for far too long. Dr has been used for other professions longer than the MDs have been using it. What would be better would be a separate title for the medical folks and the rest of us… like the French do with the word medicine (a doctor of medicine) (not sure if my spelling is good for the French there).
abwhitford // September 28, 2007 at 3:53 pm
Can barbers call themselves surgeons?
eric // September 28, 2007 at 5:03 pm
I spent some time teaching in Central Europe about 15 years ago. At the time, I had only completed a Master’s degree, but everyone kept addressing me as “Doctor”. After I had demurred over and over again, someone finally explained to me that they refer to pretty much everyone with a college degree as “Doctor” (or “Engineer” for people with technical education).
toddacollins // September 29, 2007 at 2:08 am
This is an interest debate indeed. As an example, the North Carolina bar association has issued a new opinion (2007) stating that JD’s in academics can call themselves “doctors” but only in academic circles. This is an exception to the normal rules that going by “Dr.” is misleading. It makes you wonder what kind of lobbying efforts were conducted by academic JD’s to get the change! I have cut and pasted the old rule and the new exception from the NC Bar below.
RPC 5
April 18, 1986
The Lawyer as “doctor”
Inquiry:
Attorney X is licensed to practice law in the State of North Carolina and holds a Juris doctor degree from an accredited university. May Attorney X ethically hold himself out as having a doctorate, using the term “doctor” in oral communication, referring to himself as Dr. X, and signing his name Dr. X?
Opinion:
Under the new North Carolina Rules of Professional Conduct, it is impermissible under Rule 1.2(c) to engage in conduct involving dishonesty, fraud, deceit, or misrepresentation and impermissible under Rule 2.1 to make a false or misleading communication about the lawyer or the lawyer’s services. Other jurisdictions which have considered this question have ruled both ways. Since it does not appear to be normal practice to refer to a Juris doctor degree as simply a doctorate or to refer to an attorney holding a Juris doctor degree as “doctor,” the use of those terms without explanation could be misleading and therefore is inappropriate.
2007 Formal Ethics Opinion 5
April 20, 2007
Use of the Title “doctor” in Academia
Inquiry #1:
Attorney X is licensed to practice law in North Carolina and holds a Juris doctor degree from an accredited university. Attorney X is working as a full-time college instructor and is not engaged in the private practice of law. RPC 5 prohibits a lawyer from referring to himself as holding a doctorate or using the title “doctor” to refer to himself. Pursuant to the opinion, Attorney X does not refer to herself as “doctor X.” However, the title “doctor” is used by college administrators and faculty with doctorates in fields other than medicine without any apparent risk of misleading students or others within the academic community. The prevailing opinion at the college is that a law degree is of lesser stature or value than other degrees because the title “doctor” does not attach. May Attorney X, and other lawyers who work in academia, use the designation “doctor” within that community?
Opinion:
Yes. RPC 5 provides as follows:
Since it does not appear to be normal practice to refer to a Juris doctor degree as simply a [d]octorate or to refer to an attorney holding a Juris doctor degree as “doctor,” the use of those terms without explanation could be misleading and therefore is inappropriate.
Nevertheless, in academic communities, including community colleges and other post-secondary school institutions of higher education, where individuals with doctoral and other advanced degrees comparable to the juris doctor degree are routinely and traditionally referred to as “doctor,” it is not misleading and not inappropriate for a person holding a juris doctor degree to refer to himself or herself as “doctor.” The use of the designation “doctor,” however, is specifically limited: a lawyer may use the designation only when working or otherwise participating in a function associated with a post-secondary school institution of higher education. In all other contexts, a lawyer may not refer to himself or herself as “doctor.”
cwbonneau // September 30, 2007 at 4:17 pm
Like Marcie, I just call everyone “sir.” It is simple and gender-neutral. For my classes, I insist on being called Doctor Professor.
Moot Court // May 20, 2008 at 7:09 am
so…
what’s the point?
being doctor or Doctor?
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