Esquire Title: A Constitutional Right Or Wrong?

The use of the title Esquire is a contentious issue in the United States, given the Constitution's prohibition on noble titles. While the term originates from the British nobility, it has become associated with the legal profession in the US, often used as a courtesy title for attorneys or lawyers. This usage is not without criticism, with some viewing it as pretentious and indicative of insecurity. The designation is gender-neutral and indicates that an individual is qualified to practice law in a specific state.

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The history of the title 'Esquire'

The history of the title "Esquire" dates back to medieval Europe, where it was used to refer to a knight's shield-bearer, derived from the Latin "scutarius" and Old French "esquier". In the later Middle Ages in England, the term denoted holders of knights' estates who had not yet become knights. Over time, it became associated with moderate respectability and prestige, suggesting proximity to power.

In the United Kingdom, "Esquire" was historically a title of respect for men of higher social rank, particularly members of the landed gentry above gentlemen but below knights. It was also bestowed on candidates for knighthood and other dignitaries such as justices of the peace and sheriffs. By the early 20th century, the title evolved into a general courtesy title for men in formal settings, often used as a suffix with initials.

In the United States, the term "Esquire" is commonly associated with lawyers and is used as a suffix after their names in formal correspondence and court opinions. While the exact origins of this usage are unclear, it is speculated that it may have stemmed from the title's association with nobility and respectability. The U.S. Constitution prohibits the government from bestowing titles of nobility, but "Esquire" slipped through as a not-quite-a-title.

The use of "Esquire" as a title began to decline in the 1970s, and by the end of the 20th century, it was considered old-fashioned. However, in recent years, it has made a comeback in certain formal and social contexts, particularly when the status of an individual is unknown. In the legal profession, the title is reserved for those who have passed the bar exam and are licensed to practice law.

Today, "Esquire" remains a courtesy title, gender-neutral, and indicative of social status in certain contexts. It is a remnant of an archaic class system, reflecting the efforts and achievements of those who bear it.

'Esquire' as a term of nobility

The term "esquire" originated in Great Britain and France as a term of nobility in the Middle Ages. It applied to the squire or apprentice of a knight, who would bear the knight's shield and attend upon him. In the United States, the Constitution prohibits noble titles. However, the term "esquire" has persisted in the US, specifically in its connection with the legal profession. This is because, in the United States, the term is almost exclusively reserved for lawyers, much like how an individual with a doctorate (such as a PhD or MD) is called "Dr.".

In the United Kingdom, the term "esquire" has historically been used as a general courtesy title for any man in a formal setting, with no precise significance. In certain formal contexts, it remains an indication of a recognised social status. In the legal profession, the title is only available for barristers.

In the French nobility, "écuyer" was the lowest specific rank, to which the vast majority of untitled nobles were entitled. In the British peerage system, titles are historically passed down to future generations and include duke, marquess, earl, viscount, and baron.

While the term "esquire" is not a title of nobility, it has been associated with the legal profession in the United States. Some states have penalised people for using the term inappropriately, as it may erroneously signal the capacity to practice law. In written legal communications, the abbreviation "Esq." is often used to indicate direct communication with an attorney.

'Esquire' as a title for lawyers in the US

The use of the title "Esquire" in the United States is an interesting quirk of history. The term originated in medieval Europe, more directly from the United Kingdom, where it was used as a title of nobility for men of higher social rank, particularly those above a gentleman but below a knight. In feudal times, an esquire was an armour-bearer or shield-bearer, and an attendant upon a knight.

In the US, the Constitution prohibits noble titles, but the term "esquire" slipped through this rule. Over time, the term became associated with the legal profession, and today, it is used almost exclusively for lawyers, much like the title "Dr." is used for those with doctorates.

The use of "Esq." or "Esquire" is a courtesy title used to address correspondence to an attorney or lawyer. It is a formal way to address someone who is a lawyer and often appears in written communication rather than verbal conversation. It is considered improper to call oneself an "Esquire" or print it on business cards, and it is generally not used by lawyers when discussing legal topics or negotiations. Instead, it is used by others to introduce or address a lawyer in a formal setting.

The title indicates that the person has passed the bar exam and is licensed to practice law in a specific state. It is a recognition of their accomplishments and professional status, and it often appears after their name in legal documents, proceedings, and correspondence.

While there are no official rules, the term is generally limited to lawyers who have passed the bar exam. Some states have penalized people for using the term when they are not lawyers, as it may erroneously signal the capacity to practice law.

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'Esquire' in written vs. verbal communication

In the United States, the term "Esquire" is almost exclusively used for lawyers, in a similar way to how individuals with a doctorate (such as a PhD or MD) are called "Dr.". The term originates from the Middle Ages in Great Britain and France, where it was a term of nobility, ranking just below a knight. In the US, however, the Constitution prohibits noble titles.

In written communication, "Esquire" is used as a formal form of address, replacing the title associated with the person's name, such as "Mr.", "Mrs.", or "Ms.". It is often abbreviated to "Esq." and is used in letterheads, email signatures, and other formal letters and emails. The use of "Esquire" in written communication is more common than in verbal communication. It serves as a sign that the recipient has communicated directly with an attorney and that the content of the document requires attention.

In verbal communication, "Esquire" can be used in very formal settings as part of an introduction, for example, "This is Martin Jones, Esquire". However, it is generally considered unprofessional or boastful for lawyers to refer to themselves as "Esquire", although others may use it when introducing them to establish their profession.

While the use of "Esquire" is more prevalent in written communication, it can still be employed in both contexts if done correctly. Using "Esquire" appropriately shows respect for the person being addressed and helps to establish trust.

'Esquire' in British nobility

The title "Esquire" originated in Great Britain and France as a term of nobility in the Middle Ages. It applied to the squire of a knight, who was training for knighthood and acted as an attendant to a knight or a noble of higher rank. In the French nobility, "écuyer" was the lowest specific rank, to which the vast majority of untitled nobles were entitled.

In the United Kingdom, esquire was historically a title of respect accorded to men of higher social rank, particularly members of the landed gentry above the rank of gentleman and below that of a knight. It was bestowed on candidates for knighthood and was also reserved for those in high-ranking positions such as justices of the peace, sheriffs, and sergeants.

In feudal times, an esquire was an armour-bearer, and in contemporary terms, the term is defined within the jurisdiction of Scotland as someone who is an armour-bearer. However, these two senses of "armour-bearer" are different. In feudal times, an esquire was the person who carried the knight's armour, whereas in the contemporary sense, the term "armour-bearer" is used more broadly to refer to someone who is an attendant upon a knight but bears their own unique armorial device.

In the United States, the term "esquire" is used as a title for lawyers, although there is some debate over whether this is appropriate. While the term is not prohibited, the US Constitution does prohibit noble titles, and some states have penalized people for using the term outside of the legal profession. The term is also used in very formal settings as a polite title appended to a man's name when no other title is used, typically in the address of a letter or other documents.

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