[blindlaw] dumb question

Sat Apr 2 00:04:22 UTC 2011

Wikipedia:
Esquire is cognate with the word squire, which originally meant an apprentice or assistant to a knight. Relics of this origin can still be found today associated with the word esquire. For example in the Most Venerable Order of the Hospital of Saint John of Jerusalem, "Esquire" is today the most junior grade of membership. In the United States, the suffix Esq. most commonly designates individuals licensed to practice law, and applies to both men and women.[2]

Contents [hide]
1 History
2 Modern British usage
3 United States
4 In India
5 References

[edit] HistoryThe most common occurrence of term Esquire today is the conferral as the suffix "Esq." in order to pay an informal compliment to a male recipient by way of implying gentle birth. Today, there remain respected protocols, especially in the United States, for identifying those to whom it is thought most proper that the suffix should be given, especially in very formal or in official circumstances. The social rank of Esquire is that above gentleman. Nineteenth century tables of precedences further distinguished between esquires by birth and esquires by office (and likewise for gentlemen).[citation needed] Today, however, the term gentleman is rarely found in official tables of precedence and when it is invariably simply means a man. One extinct English usage of the term was to distinguish between men of the upper and lower gentry, who were "esquires" and "gentlemen" respectively (between, for example, "Thomas Smith, Esq." and "William Jones, Gent."). A late example of this distinction is in the list of subscribers to The History of Elton, by the Rev. Rose Fuller Whistler, published in 1892, which clearly distinguishes between subscribers designated Mr (another way of indicating gentlemen) and those allowed Esquire.

According to one typical definition[3], esquires in English law included:

The eldest sons of knights, and their eldest sons in perpetual succession
The eldest sons of younger sons of peers, and their eldest sons in perpetual succession (children of peers already had higher precedence)
Esquires created by letters patent or other investiture, and their eldest sons
Esquires by virtue of their offices, as Justices of the Peace and others who bear any office of trust under the Crown
Esquires of knights constituted at their investiture
Foreign noblemen
Persons who are so styled under the Royal sign manual (officers of the Armed Forces of or above the rank of Captain in the Army or its equivalent)
Barristers (but not Solicitors)
A slightly later source[4] defines the term as

Esquire — A rank next below that of Knight. Besides those Esquires who are personal attendants of Knights of Orders of Knighthood, this title is held by all attendants on the person of the Sovereign, and all persons holding the Sovereign's commission being of military rank not below Captain; also, by general concession, by Barristers at Law, Masters of Arts and Bachelors of Law and Physic.
However, formal definitions such as these were proposed because there was, in reality, no fixed criterion distinguishing those designated Esquire: it was essentially a matter of impression as to whether a person qualified for this status. William Segar, Garter King of Arms (the senior officer of arms at the College of Arms), wrote in 1602: "And who so can make proofe, that his Ancestors or himselfe, have had Armes, or can procure them by purchase, may be called Armiger or Esquier." Honor military, and civill (1602; lib. 4, cap. 15, p. 228). (By Armes he referred to a coat of arms; it is not clear from this quotation whether Segar made a distinction between esquires and gentlemen.)

Although Esquire is the English translation of the French Ecuyer, the latter indicated legal membership in the nobilities of ancien régime France and contemporaneous Belgium, whereas an esquire belongs to the British gentry rather than to its nobility. Ecuyer in French (11th to 14th century) means Horseman, or Squire, i.e. a Knight, or a knight in training (Squire), age 14 to 21.

[edit] Modern British usageThe breadth of Esquire (as Esq.) had become universal in the United Kingdom by the late 20th century, for example being applied by some banks to all men who did not have a grander title. Although the College of Arms continues to restrict use of the word Esquire in official grants of arms to a limited set (smaller even than that outlined by the list above), it uses the term Esquire without restriction in addressing correspondence. Many people in the United Kingdom no longer perceive any distinction between "Mr" and "Esquire" at all so that, in everyday usage, a distinction is very rarely intended.

To be used with the name in initial format (e.g., K.S. Smith, Esq.) it is still used by many offices of the Chairman in business and also many traditional carriage trade businesses such as Christie's and Berry Bros. & Rudd. This rather old-fashioned usage is generally employed to imply that the addressee would be of the gentry by the mere fact of the sender's interaction when addressing those without another, higher, rank or title. British men invited to Buckingham Palace receive their invitations in an envelope with the suffix Esq. after their names while men of foreign nationalities instead have the prefix Mr (women are addressed as Miss, Ms, or Mrs).[5] The same practice applies for other post from the palace (e.g., to employees etc.).

[edit] United StatesIn the United States, the suffix Esq. is most commonly encountered among individuals licensed to practice law.[6] This usage applies to both male and female lawyers.[7] The term was assumed by the legal profession, and not granted to it by any governmental authority. Some states also address its ministerial officers (such as justices of the peace, commissioners of deeds, and notaries public) using "Esquire" as a suffix.

While it is often claimed that some jurisdictions within the U.S., such as California, expressly indicate that "Esq." is for use by lawyers only, what those states actually provide is that using the title "Esquire" is one among many factors that, in certain circumstances, may be taken as evidence that someone is falsely claiming to be a licensed member of the bar.[8][9]

For instance, the California State Bar Court case "In the Matter of Wyrick," (Review Dept. 1992) 2 Cal. State Bar Ct. Rptr. 83, concerned a lawyer with a suspended license who signed his name with both the designation "Member of the State Bar" and the title "ESQ." after his name on an application for a law-related job.[10] The mere fact that Wyrick used the designation "ESQ." was not the problem, rather that usage together with the claim to be a member of the state bar and other assertions that gave the implication that he was licensed lawyer was taken as evidence of misconduct. No court in the United States has ever held that merely using the title "Esquire" is evidence of anything.[11]

A person who engages in the unauthorized practice of law and uses the term "esquire" in a manner "which is reasonably likely to induce others to believe that the person or entity is authorized to engage in the practice of law"[12] may be in trouble. All United States court cases questioning the use of the term "Esquire" involve someone who was actually engaged in unauthorized law practice. No one has ever been prosecuted for using the term "esquire" without engaging in some other conduct that constituted law practice.[13] No court, statute, or rule has ever held that "esquire" means lawyer or that it is restricted for use only by those licensed to practice law.[14][15] The concern is rather that using "Esquire" in certain circumstances might create the impression that someone is claiming to have an active law license.[16] Even those rules that might be construed to support the contention that "Esquire=Lawyer" are always limited to circumstances where "esquire" is used in such a manner that "the use...is reasonably likely to induce others to believe that the person or entity is authorized to engage in the practice of law."[17]

As a matter of custom, the suffix Esq. is not used when referring to sitting judges, who are members of the bench rather than members of the bar, and are prohibited from practicing law in most United States jurisdictions. Judges will generally be referred to with the prefix The Honorable (abbreviated Hon.) as a title of respect. In some jurisdictions, it is also customary to refer to attorneys who are members of that jurisdiction's bar with the title Hon. as attorneys are officers of the court.

These legal associations in America, although strong, have not completely blotted out the unmarked use of "esquire" in the modern British fashion, as an honorific simply an alternative to Mister (Mr.). In some states, however, using the term deceptively (in a manner that might lead others to assume you are licensed to practice law in that state) can be used as evidence of unauthorized practice of law.[18]

Although many attorneys use the form of address Esq. when signing correspondence or filing documents with a court, it is usually used only when the reference is in the third person, such as addressing an envelope, making a formal introduction, or on business letterhead. Esq. is never used with any prenominal form of address, such as Dr., Mr., or Ms.. Thus, John Smith, Esq. or Mr. John Smith would be correct, but Mr. John Smith, Esq. would be incorrect.[19]

When addressing a person who has an academic degree or other post-nominal professional designation, such as a Certified Public Accountant, a writer may use the post-nominal designation after the Esq. For example, an attorney who is also an accountant could be addressed as James A. Smith, Esq., CPA. Likewise, an attorney who is a Doctor of Medicine could be styled as Dr. Jane Kelly, or Jane Kelly, Esq., M.D., or, if a holder of both degrees, Jane Kelly, Esq., M.D., J.D., when referred to in the third person, but never Dr. Jane Kelly, Esq.[20]

Similarly, when addressing social correspondence to a commissioned officer of the United States Foreign Service, Esquire may be used as a complimentary title. While the abbreviated Esq. is correct, Esquire is typically written in full when addressing a diplomat.[21][22] If any other titles are used on the same line, Esquire is omitted.

Some fraternal groups use the title of Esquire. The Benevolent and Protective Order of Elks uses the title of Esquire for an appointed office position. Similar to the old position of assistant to a knight, the BPOE Esquire serves as the chief assistant to the Lodge's Exalted Ruler, and is in charge of the ballot box, instructing and initiating new members, and examining visiting Elks members. [23] One appendant body in Freemasonry also uses Esquire as a degree title.[24]

[edit] In IndiaBefore 1947, the term Esquire was used by most senior government officers, especially the former members of the Indian Civil Service and the rest of the higher services of the Imperial Civil Services. The term was used by members of the anglicised segments of the Indian society who could join the government services. It was mostly used by government officials who could claim to have received their education in England, especially in either Oxford or Cambridge University, or had become Barristers in London.

[edit] References1.^ "esquire." Dictionary.com Unabridged. Random House, Inc. 03 May. 2010. [Dictionary.com http://dictionary.reference.com/browse/esquire].
2.^ Thompson, Kathryn. Tussle Over Titles, ABA Journal, January 2006.
3.^ Burn, Richard; Chitty, J.; Black, Philip (1975 reprint) The Justice of the Peace and Parish Officer, pages 884–885. See also pages 540–541 in Vol. II of Burn, Richard The Justice of the Peace and Parish Officer. [1], .
4.^ Boutell, Charles (1899) English Heraldry, page 120; see also [2], page 120.
5.^ Hardman, Robert (2007-11-29). "Fountain of Honour". Monarchy: The Royal Family at Work. Druck, Wemding, Germany: Ebury Press. p. 121. ISBN 978-0-09191-842-2. "British men have 'Esq.' after their name [...] whereas all men from overseas are called 'Mr'" 
6.^ Thompson, Kathryn. Tussle Over Titles, ABA Journal, January 2006.
7.^ Jones, Brenda. Forms of Address Including Use of "Esquire", Beeson Law Library Newsletter, Cumberland School of Law, February 2, 2002.
8.^ See, In the Matter of Wyrick (Review Dept. 1992) 2 Cal. State Bar Ct. Rptr. 83, 91 [suspended attorney found to have created a false impression that he was currently able to practise by using the term "Member of the State Bar" and the honorific "ESQ." next to his signature on a job application.
9.^ See, "Esquire v. Attorney v. Lawyer" [3]
10.^ See, In the Matter of Wyrick (Review Dept. 1992) 2 Cal. State Bar Ct. Rptr. 83, 91 [suspended attorney found to have created a false impression that he was currently able to practise by using the term "Member of the State Bar" and the honorific "ESQ." next to his signature on a job application.
11.^ See, "In Re Wells" [4]
12.^ http://www.myazbar.org/LawyerRegulation/upl.cfm
13.^ See the Los Angles County Prosecutors Handbook for a discussion of the conduct that will lead to prosecution (note that using "Esq." is not mentioned)[5]
14.^ The Association of the Bar of the City of New York, Formal Opinion 1994-95, Committee on Judicial and Professional Ethics, May 5, 1994, "Name; use of title 'Esquire'."[6]
15.^ See, "Esquire v. Attorney v. Lawyer" [7]
16.^ Tussle Over Titles, ABA Journal, [8]
17.^ Arizona[9], Nevada[10]
18.^ Ex. Rules of the Supreme Court of Arizona, Rule 31(a)(2)(B)(2).
19.^ Everyday Etiquette, The Emily Post Institute, last accessed September 18, 2008.
20.^ Forms of address chart.xls
21.^ McCaffree, Mary Jane; Pauline Innis and Richard M. Sand, Esquire (2002). Protocol: The Complete Handbook of Diplomatic, Official and Social Usage (25th Anniversary (3rd) ed.). Dallas, Texas: Durban House Publishing Company. ISBN 1-930754-18-3. http://www.usaprotocol.com/. 
22.^ "Appendix VIII. Protocol and Forms of Address". UMW Style Guide. University of Mary Washington. http://www.umw.edu/policies/style_guide/protocol__forms_address/default.php. Retrieved April 27, 2010. 
23.^ Austin Lodge No 201 BPOE 2007-2008 Committees
24.^ Red Branch of Eri, Allied Masonic Degrees
[hide]v • d • ePrimary social titles in English 

Feminine Miss • Mrs. • Ms. • Madam • Dame • Lady 

Masculine Mr. (Mister) • Mstr. (Master) • Esq. (Esquire) • Sir • Lord 

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-----Original Message-----
From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Patrick H Stiehm
Sent: Saturday, 2 April 2011 8:13 AM
To: blindlaw at nfbnet.org
Subject: Re: [blindlaw] dumb question

The term derives from the word squire. When one was in training to become
a knight you first became a squire or sort of apprentice. Even if an
individual never became a knight he was still entitled to use the
designation of squire and was considered a "gentleman" with all that that
meant during feudal times. Later the title designated a member of the
minor gentry particularly in rural areas of England. Given the status of
the law as a "learned profession" it became a designation that applied to
attorneys and it morphed from the plain old squire to the more
contemporary Esquire. Nowadays, at least in the United States, it is to
the best of my knowledge, only used by attorneys of either sex. I know a
number of our female colleagues avoid the use of the term because it was
exclusively male at one time, even though it has lost that connotation in
contemporary society. I think it's also fair to say that it is used with
less frequency than years ago and is to an extent somewhat archaic.
Patrick Stiehm
Stiehm Law Office
Alexandria, Virginia
703-360-1089 (Voice)
703-935-8266 (Fax)
Email address: stiehm.law at verizon.net

On Fri, 1 Apr 2011 14:51:04 -0500 Kevin Athey <badboyblind at gmail.com>
writes:
> Pleasde clarify something for me.   What does the title Esquire 
> mean?
> Thanks,
> Kevin Athey
> 
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> 

Stiehm Law Office
Alexandria, Virginia
703-360-1089 (Voice)
703-935-8266 (Fax)
Email address: stiehm.law at verizon.net
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