Miscellaneous

The Esquire Rule: Use “Esq.” When Referring to Others but not Oneself

By: Marissa C. Marxen

Like many attorneys, as soon as I passed the California Bar Exam, second to celebrating (potentially a little too hard) with some adult beverages, I could not wait to start adding “Esq.” after my own name. It was not until I e-mailed an old co-worker with my new e-mail signature containing "Marissa C. Marxen, Esq." that he subtly and politely informed me of what I refer to as “The Esquire Rule.”

On the one hand, I was shocked and disappointed—I had waited years to call myself an esquire! As many attorneys have noted, why do doctors, who only suffer through one additional year more of school than attorneys, get to throw M.D. after their name (e.g., my father, a physician, was Jeffrey L. Marxen, M.D.), but attorneys do not get to add J.D. to their name (e.g., Marissa C. Marxen, J.D.)? Even doctors of philosophy get to add Ph.D. after their name and are referred to as doctors! On the other hand, I was very grateful someone had informed me, a “baby attorney,” that I was committing a social faux pas. To me, it was the equivalent of having food in my teeth and someone being kind enough to tell me. That being said, while I have extended the same courtesy to other younger, newly admitted attorneys, I still feel uncomfortable raising the issue with more experienced attorneys, particularly because they have been practicing for years. It is equivalent to having broccoli stuck in your teeth for twenty years.

Back to the point. According to the man most attorneys refer to as the preeminent authority on legal writing, Bryan A. Garner, author of such lauded books as The Winning Brief and Garner’s Modern American Usage as well as editor of Black’s Law Dictionary, “Esq.” should only be used when referring to others, not when referring to oneself. Mr. Garner also points out that “it is incorrect . . . to use it with any other title, such as Mr. or Ms.” (Garner, (Garner, Garner’s Modern American Usage (3d ed. 2009) p. 318.)

• Examples:
  • Correct: Ms. Jane Doe OR Jane Doe, Esq.
  • Incorrect: Ms. Jane Doe, Esq.

Back in Great Britain, “esquire” was “used of any man thought to have the status of a gentleman.” (Garner, supra, at p. 318.) Today, referring to oneself as an esquire is the equivalent of referring to yourself as a gentleman. You would hope others think of you in that manner, but you probably would not go around saying, “I’m such a gentleman” or “I’m such a lady.” Mr. Garner explains this point stressing that “it is worth noting that ‘Esq. is . . . not used on oneself, e.g., neither on a card which bears Mr.) nor on a stamped-and-addressed envelope enclosed for a reply.’” (Ibid. [citing Alan C. Ross, “U and Non-U: An Essay in Sociological Linguistics,” in Noblesse Oblige (Nancy Mitford ed., 1956)].) Mr. Garner notes, however, that “somehow, the idea has gotten out that Esq. is something you put after your own name.” (Ibid.) Mr. Garner is correct. Frequently, I see attorneys with business cards listing their name as “John Doe, Esq.” or signing letters and pleadings in the same manner. So, spread the word about “The Esquire Rule.”

It is worth noting that those viewing our filings are aware of this rule as well. Recently, I went to the Sheriff’s Office to have the sheriff execute a writ of execution, and the gentleman who assisted me reviewed my paperwork and said, “Thank you for not using esquire after your own name. You can’t imagine how many attorneys I see do that. It’s obnoxious.” My response was, “Well, you’re welcome, and of course not, that would be improper.”

Additional Sources:

• https://www.grammarphobia.com/blog/2010/06/is-it-proper-to-refer-to-oneself-as-esq.html