There are important distinctions between the two. Here are some of the basic differences between the two that I hope will be helpful to authors.

Payment.

Legitimate agents only get paid when the author they represent gets paid. They make 15% of what the author makes from the book. If an agent charges any other kind of fee or any money before a deal is made, they’re not a legitimate agent.

Lawyers usually get paid an hourly rate. Those in major cities get paid from $250 to $500 an hour or more. They’re fees are not contingent on any deal and they may require payment in advance of work in the form of a retainer.

What they actually do.

Agents review manuscripts, sometimes do editing, and once they take on a client, they shop the project and secure a deal. Remember, they only get paid when the author does, so they might be less interested in deals that have low advances because they don’t make money right away. They are investing in the author. Good agents will help guide the author through their career, not just one deal.

Attorneys review the contracts and negotiate deals. They sometimes but rarely shop projects. If you have already made contact directly with an editor at a publishing house and don’t feel the need to give someone else 15% of your earnings for the life of the deal, you might want to retain an attorney.

Qualifications

Anyone can be a literary agent. There are no educational requirements. Unfortunately, I’ve seen very young and inexperienced people just hold themselves out as agents, even though they have little to no experience. There is an organization, the Association of Authors Representatives. They have ethical guidelines but agents don’t need to join and there’s little impact on agents who don’t comply.

Attorneys, for the most part, must have an undergraduate degree, a law degree, and must pass a bar exam from at least one state. Each state has its own ethical guidelines. However, if attorneys stray ethically they can be reprimanded, sanctioned, or even lose their license to practice law.

There are certainly other differences between these positions, but this is a good start. As always, research anyone you plan to work with before signing anything.