The Honorable Esquires: What’s Right to Write?
by Patrick Thornton
Published: October 22nd, 2010
Long ago, in a land far far away, “Esquires” and “Honorables,” given social titles by birth or rank, ruled the land. The use of these titles has changed over time, especially in America. The American founders rejected the title system in US Const. Art. I Sec. 9 (8). Along with other grammatical gray (or grey in the U.K.) areas, the proper uses of the titles are often unknown, which causes, “Esquire” and “Honorable” to be used improperly by attorneys.
The Honorable John Esquire?
“The Honorable” and “Esquire” are honorifics, which are titles that were traditionally used to convey honor, respect, or the speaker’s inferior social rank. In the U.K. they may still be used, and often used interchangeably, to refer to a person’s social title. Americans use the terms to convey honor or respect today. The name prefix of “the Honorable” is placed at the beginning of a name and commonly abbreviated “the Hon.” “Esquire,” a name suffix, is placed at the end of a name. Given its use in America, it should almost always be abbreviated “Esq.” Never use both titles at the same time.
The Esquire
Traditionally, a person with the title of “Esquire” was of a social status one higher than Gentleman and one lower than Knight. The word derives from the term squire, which originally meant an apprentice or assistant to a knight. The term also developed to apply to men who owned land. The use of “Esq.” interchangeably with “Mr.” is the most common usage of the term in the U.K. today.
In America, the term has always been associated with an attorney practicing law.
Putting “Esq.” or “Esquire” on a business card or in a signature block is common way of using the word. Common but incorrect. Just as some argue that attorneys are technically “doctors” because they have a doctorate degree, they should not confer such titles on themselves.
“Esq.” should be used only when writing to a third person, e.g. addressing an envelope. When “Esq.” is used, it should always be abbreviated and never have an honorific at the beginning. “Mr. John Doe, Esquire” should be either “John Doe, Esq.” or “Mr. John Doe.”
Young lawyers who may not be licensed to practice yet and retired attorneys that are no longer practicing should be cautioned when using “Esq.” Because the American public associates the term with practicing attorneys, the use of “Esq.” by attorneys not authorized to practice law could violate the MPRC (see 4.1, 7.1, 7.4).
In the U.S., traditionally the title applied only to male attorneys, despite the fact that women have engaged in the practice of law since colonial times. Although both male and female attorneys use the title today, some people consider “Esq.” as inapplicable to women attorneys (in the U.K. the term officially only still applies only to men based on their social titles), while others disapprove of the use of “Esq.” because it reinforces traditional sexist customs, such as the idea that women should not practice law.
When drafting orders or findings, it is correct to write “Esq.” following the names of counsel because the document is attributed to a judge, a third party. But signing your motion as “John Doe, Esq.” is incorrect. A better practice is to write “Attorney at Law” following the names of counsel or yourself should you want or need a professional honorific stated.
The Honorable:
In America, “the Honorable” is applied to judges, retired judges, and certain elected officials. Most of the world uses “the Hon.” to refer to elected officials. Traditionally, it applied to sons and daughters of men of social title, such as Barons. It is a term only to be used by others when addressing the person worthy of the title. Thus, the term must never be used in a signature or signature block.
When drafting proposed Orders for a judge, do not write, “The matter came before the Honorable J. Doe” or put “Honorable J. Doe” in the signature block. While judges are certainly worthy of the title, because an order is attributed to the signatory judge and not the drafter, writing “the Honorable” in the order violates proper usage rules. Use “the Undersigned,” “Judge of District Court,” or “Judge John Doe” instead.
When using “the Honorable,” make sure there is a first name or initial between the term and the last name. The “the” in “the Honorable” is not capitalized when in the middle of a statement. For example, “the motion will be heard by the Honorable J. Doe” is correct. Also correct is addressing an envelope as “The Honorable J. Doe” rather than “the Honorable Doe.”
Conclusion:
Despite our founders’ efforts at abolishing social titles, “Esq.” and “the Hon.” have been adopted by the American legal community. Many traditional rules relating to social titles are obsolete, but the proper use of the honorifics in today’s world should still be adhered to.
Still confused? That’s ok. Most people use the honorifics incorrectly. But if you remember one thing to avoid misusing the honorifics, remember this: one should never impart an honorific on oneself.
Source:
JDs Rising