Esquire

This article is about the title. For alternative meanings, see: Esquire (disambiguation)

Esquire (abbreviated Esq.) was a social rank title above that of mere gentleman, allowed, for example, to the sons of the nobles and the gentry who did not possess any other title. It ultimately derived from the medieval term squire. On this basis, a gentleman was designated Mr ('mister' before his name), whereas an Esquire was designated 'Esq.' (without a nominal prefix) after his name. A very late example of this distinction is in the list of subscribers to The History of Elton, by the Rev. Rose Fuller Whistler, published in 1882, which clearly distinguishes between subscribers designated "Mr" and those designated "Esquire" — of higher social position; though old-fashioned, "Esq." remains widely used in upper-class circles.

In the United States, there are neither native titled gentry nor nobility. The suffix "Esq." has no legal meaning (except in some states), and may, in theory, be given to anyone (usually a man). In practice, it is applied primarily to lawyers (of both sexes in the United States only). While it is a title of respect and should not be assumed by a person (just as Mr. should not be assumed), a minority of lawyers are using the title in place of J.D. on their business cards and stationery. Although not officially regulated, this title is considered evidence of unauthorized practice of law in many states when used by a non-lawyer.[1][2][3]

That "esquire" may be used to indicate that an individual is a lawyer is a remnant of the British practice, in which barristers claimed the status "Esquire" and solicitors used the term "Gentleman". In the United States, though a lawyer may choose to specialize in litigation or other types of law, there are no licensing or bar membership distinctions between the equivalent roles of barrister and solicitor.

United Kingdom

In the United Kingdom (and in England, before the Act of Union), tables of precedence invariably ended with the ranks of Esquire and Gentleman, in that order.

Occasionally, formal definition was attempted in determining who was entitled to the rank of "Esquire", as opposed to the rank of "Gentleman". A typical definition is :

• 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
• Those who bear special office in the Royal Household
• Sheriffs while in office.
• Justices of the Peace while in commission
• Commissioners of the Court of Bankruptcy
• Masters of the Supreme Court
• Deputy Lieutenants and Commissioners of Lieutenancy
• Queen's Counsel
• Barristers-at-law (but not Solicitors)
• Holders of a degree at one of the Two Universities (Oxford and Cambridge)
• Serjeants-at-law (of whom none have been appointed since the 19th century)
• Royal Academicians
• Officers of the Royal Navy with rank of Lieutenant or higher, of the Army with rank of Captain or higher, or of the Royal Air Force with rank of Flight Lieutenant or higher
• Bachelors of Divinity, Law, or Physic, and others (note that these were all traditionally post-graduate degrees, not first degrees).
• Men to whom the title is granted by the Monarch
• Men who have been addressed as "trusty and well-beloved" by the Monarch. This includes all male officers of the armed services and most male recipients of decorations.
• Foreign noblemen whose titles have not otherwise been recognised in the United Kingdom.

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, haue had Armes, or can procure them by purchase, may be called Armiger or Esquier." Honor military, and ciuill (1602; lib. 4, cap. 15, p. 228).

The use of Esquire (as Esq.) had become ubiquitous in the United Kingdom by the late 20th century, for example being applied by 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 some (not even all) of those in the table above, it uses the term Esquire in all its correspondence, even to those who do not fall within any of the definitions in the table. Many people in the United Kingdom no longer appreciate that there is any distinction between "Mr" and "Esquire" at all and so, for practical purposes and in everyday usage, there is no such distinction.

United States

When the title "Esq." is used as a suffix in the United States, it is usually used to designate individuals who are licensed to practice law in at least one United States jurisdiction. It is used less commonly for individuals who have earned law degrees—such as a Juris Doctor (J.D.) or Bachelor of Laws (LL.B.)—but who do not currently practice law or who have never been licensed to practice law, and for students who are still pursuing their law degrees (as they are considered members of the legal profession). It may also be used when addressing naval officers in formal correspondence.

Though commonly misunderstood to be the right solely of lawyers, the title "esquire" after the name may actually be used by anyone in many states. However, in some states, the use of the term is limited solely to attorneys licensed to practice law in that state if such usage implies that the person is a licensed attorney. It has been used historically, and still is seen occasionally, as merely a more formal honorific than "mister". In many states, such as California, only an attorney may place "Esq." after his or her name. This is because "Esq." after a name leads most people to believe that the person is an attorney. Therefore, if one who is not an attorney places "Esq." after his or her name, it falsely leads people to believe the person is an attorney, which is a crime.

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. Conversely, practicing lawyers frequently act as judges pro tem in various United States jurisdictions, and when said lawyers are not sitting as judicial officers, there is no reason why they would not be referred to using the "Esq." suffix.

The suffix "Esq." originally applied only to men. However, since the 1970s it has been adopted by attorneys at law of both sexes in the United States.

Characters who have utilized the title Esquire (without the aforementioned merit) include such personages as Bill S. Preston, "Esquire"

As a form of address, "Esquire" is never used with any prenominal form of address, such as Dr. or Mr., and is used only when the reference is in the third person, such as addressing an envelope or making a formal introduction. A person that has an academic degree or other post nominal professional designation, such as a Certified Public Accountant could use the post nominal designation after the "Esq." For example, attorney that is also an accountant could be styled, "James A. Smith, Esq., CPA."

Fraternal Organizations

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. One appendant body in Freemasonry also use "Esquire" as a degree title.