The answer to that depends on the state in which you live and is incredibly nuanced. For example back in the 1990s the City New York Bar Association Ethics Committee found the term esquire, over time referred “commonly and exclusively” to lawyers. That same committee also found that “based on common usage it is fair to state that if the title appears after a person’s name, that person may be presumed to be a lawyer.”
I’m not a lawyer but I agree with logic. For example seeing the name Jane Doe followed by “,Esq.” would lead most folks to conclude the person was a lawyer. There are some states that take that notion seriously. The Ohio Supreme Court’s Board of Commissioners on Grievances and Discipline prohibited a lawyer who was not licensed to practice law in the state from appending Esq. to his signature on business correspondence because it was deemed to connote licensure in Ohio. (Ohio S. Ct. Opinion 91-24 (1991).)
I found another example on the ABA website page styled Use of Esq. by Non-Lawyers a commenter pointed out that:
In Arizona it can be an unauthorized practice of law:
Arizona Supreme Court Rule 31(a)2B states:
Unauthorized practice of law includes but is not limited to:
• Engaging in the practice of law by persons or entities not authorized to practice pursuant to to paragraphs (b) or (c) or specifically admitted to practice pursuant to Rule 33(d); or
• Using the designations “lawyer,” “attorney at law,” counselor at law,” “law,” “law office,” “J.D.,” “Esq.,” or other equivalent words by any person or entity not authorized to practice pursuant to to paragraphs (b) or (c) or specifically admitted to practice pursuant to Rule 33(d), the use of which is reasonably likely to induce others to believe that the person or entity is authorized to engage in the practice of law in this state.
In Mississippi, case law has nothing on point with this set of facts that I could find. In re Williamson, 838 So. 2d 226 (Miss. 2003) is the most frequently cited case I could find but that matter involves a lawyer licensed in another state soliciting clients in Mississippi and the subsequent denial of his Pro Hac Vice admission by a Circuit Court judge.
I mention this because there is a candidate for office that is using the courtesy title Esquire despite the person not appearing on the bar rolls of any state that I searched including Mississippi:
Greetings, my name is Sugar Stallings Esq. and I am humbly asking for your vote on August 6, 2019 to become the next Public Service Commissioner for the Southern District.
I just sent Ms. Stallings the following via her campaign page contact form:
Ms. Stallings I am the publisher of Slabbed.Org, a media outlet focused on public interest journalism in south Mississippi. I see that you are using the term Esquire behind your name which implies you are a lawyer. Can you tell me what law school you successfully attended and what states you currently hold a law license. In the event you are not a lawyer can you explain to me why you are using the title Esquire. I appreciate your prompt response to this inquiry.
This will be a multi-part post.
As a lady lawyer, I don’t use the courtesy title “esquire.” Squires are men. I’ve never been sure of the female equivalent, probably “Maid” or “Lady,” but I’ve always preferred “Wench.”
Thanks Jane. Ms. Stallings does not list any education credentials on her website but I did find this:
http://www.thestrengthcoach.com/weekly-power-lunch-every-thursday/
Funny thing is the National Student Clearinghouse does not have anything for her at the University of Maryland at the main campus of that institution. I hope she clarifies this matter for me.
What state (or states) is she claiming to be licensed in? Does the Bar keep a roster?
She has never claimed to be licensed far as I know Lana. I checked Maryland and Mississippi bar rolls. No records found either place.
Educate me on this. In your first post you said that she “realized some of he dreams, one of which was earning a law degree from the University of Maryland.”
So, she has a law degree, but does not claim to be licensed? Never took and passed the Bar, which I would assume, is required for a license to practice and charge clients for services? Can we find anyone who has compensated her for legal representation? Gotta be illegal to practice without a license.
WLOX didn’t catch this?
Yes, this brings back memories of 2017 in Hancock County.
There are really two issues here:
1. Did she even graduate law school. I could not find a record of that at the University of Maryland where she claims to have attended school.
2. Is holding yourself out as a lawyer considered the unauthorized practice of law in Mississippi when you have no active license.
Claiming education credentials that she does not possess would make her a charlatan that is unfit for office.
The unauthorized practice of law could land her in trouble with the law.
Here we are now 10 hours after my inquiry to her website and its crickets. I want to be fair to the lady and give her a chance to clarify things but can’t do that if she chooses not to respond.
Yes, I immediately thought of August 2017. As Yogi Berra would have said its deja vu all over again.
Good old Yogie! Unreal, huh?
Is esquire officially designated to Attorneys?
Looked up my own question it can be used when no other title is used but exclusively for a man. It would definitely be misleading if you were not an attorney in the modern world.
Back in 2017 when she was running for Mayor of Biloxi WLOX described her as an attorney. This is getting serious:
https://www.wlox.com/story/35583402/biloxi-mayoral-candidates-work-the-crowds-before-tuesday-election/
Foundation chooses class
Posted by: MBJ Staff in MBJ FEATURE, NEWS, Newsmakers March 14, 2014
The Gulf Coast Business Council Research Foundation has chosen 19 Gulf Coast leaders to participate in the 2013 Masters Program. The program was developed in 2007 to identify and develop emerging leaders of the Mississippi Gulf Coast. Members of the class are:
Sugar Stallings, attorney/radio host, WQFX Radio;
https://msbusiness.com/2014/03/foundation-chooses-class/
Many thanks. She also has a twitter account. 😁
Oops, I did it again!!!
The actual press release referenced above!
https://gcrl.usm.edu/news/docs/media.release.2014.masters.program.gcbcrf.pdf
🙂
Good morning, a few of you guys referenced an incident that occurred in 2017? What happened in 2017?
This post and the one that followed it up.
and the one that followed it up.
Possibly this post
Hancock County Omnibus: Library Executive Director lacks required credentials, Local Tourism Agency must receive dedicated millage
would be the above referenced followup?
😉
Stallings misrepresented herself to The Harrison County Democratic Committee and they kept quiet. Stallings was question about her degree when she was a mascot at MGM Park.
Stallings again misrepresented herself as a Democratic when she campaigned and worked for a Republican.
I am waiting to hear back from the University of Baltimore and the University of Maryland before I run part 2. Stallings has not responded to my inquiries.
You bring up a good point because Sugar could well be a candidate for hire type. The skulduggery potential is off the charts.
TO: those who are vetting Sugar Stallings. You have not mentioned that “Sugar” is definitely not her legal first name. Further, Stallings may be the surname she took on after she married. Please state what name you’re researching for her under when you report your results.
My inquiries included Demetria Brown, Demetria Brown-Sugar Stallings and every combination of those 4 words.
Of course Stallings could help herself here by responding to my inquiries which she has thus far ignored.
I have looked online, contacted State AND Federal regulatory entities, and have yet to find any Universal Regulation across the board. In my Home State, you must have a Hearing before a Judge for such determinations. That seems to be the only Regulation there is in Florida. Plus, there are no Regulations/Statues that prohibit its usage Outside of the Body of Law in this state. So it appears if a Judge says its ok, Jane Doe can be Jane Doe Esq. Thoughts?