Lawyer and Prosecutor: What's the Difference?

It's easy to confuse the roles of lawyers and prosecutors when watching legal movies or TV shows that portray the complexities of the criminal justice system. After all, aren't they all just attorneys arguing cases? Well, not exactly.

Although both prosecutors and lawyers work within the justice system, they do very different jobs. In fact, one of the key differences is that they often find themselves on opposing sides.

If you're in trouble with the law, it's worth knowing who does what—and why. It's also helpful information for anyone studying law or interested in how the legal process and wheels of justice turn.

Below, we will explain the distinction between a lawyer and a prosecutor: their respective responsibilities, objectives, and the way they behave in court. Let's dive deep.

What Is the Difference Between a Prosecutor and a Lawyer?

Initially, prosecutors and lawyers may be two sides of the same coin. Both speak in front of judges, dress sharply, and have a deep understanding of the law.

However, a fundamental distinction between the two exists: who they serve and what they hope to accomplish.

Who Is a Lawyer?

A lawyer, often referred to as a private lawyer, is someone who has passed the bar exam and earned a law degree, making them eligible to work for clients in legal matters. This can involve giving advice or representation in court as well as drafting documents such as contracts.

Although the word "lawyer" covers a broad group of people – all law graduates – there are many different kinds of specialist lawyers too. These may focus on areas such as criminal law or family law, helping couples who are separating and dividing their finances, for example.

Who Is a Prosecutor?

A prosecutor is a type of lawyer who is an employee of the government, at the local, state, or federal level. It is their duty to enforce the law by filing criminal charges against people who are suspected of committing crimes.

For example, if someone is charged with assault, the prosecutor's office will gather evidence, look at the evidence, work with the police, and take the case to court. They do this to prove – with as much fairness as possible – that the defendant is guilty beyond a reasonable doubt.

Duties and Responsibilities: Lawyers Vs. Prosecutors

Now you have a small idea about the difference between a lawyer and a prosecutor. So, we can examine their duties and responsibilities in detail.

Duties of a Lawyer

Lawyers fulfill various roles such as advocates, counselors, and mediators for the individuals they represent. What lawyers do day to day in a law firm varies greatly depending on their specialty area, but everyday tasks include:

Giving Legal Advice

They help clients understand the law so they can take appropriate action. This might involve a landlord attempting to evict a tenant legally, or a start-up ensuring compliance with data protection laws when seeking investment.

Representing Clients in Legal Proceedings

When their clients have disputes or are accused of breaking the law, lawyers present arguments, draft documents, and research on their behalf.

Criminal defense lawyers' work includes reviewing evidence against their clients and negotiating with prosecution attorneys to reduce charges.

Drafting Documents

Preparing contracts, wills, deeds, and other paperwork is an essential part of many lawyers' work. If a family lawyer represents parents whose children have been taken into care, they may draft an agreement so that everyone knows their responsibilities, for example.

If a corporate lawyer is working for a company that wants to acquire another business, they may draft the terms of the deal (contract) between the two parties.

Duties of Prosecutors

Prosecutors handle a wide range of tasks involved in pursuing criminal cases. Their daily work can vary, but centers on key actions necessary to support the justice process, including:

Reviewing and Filing Charges

After examining evidence provided by law enforcement officials, prosecutors must decide whether or not to bring criminal charges against a defendant. If they opt to move forward with charges, these legal professionals also determine what specific counts to lodge and whether any guilty plea bargains should be offered.

But beyond just appearing in court, a prosecutor has many other tasks (administrative duties, for example).

Presenting Evidence

Throughout a trial, it is up to these prosecuting attorneys to prove a defendant's guilt—with witnesses, exhibits, and arguments all falling under their purview. They deliver opening and closing statements to the jury to lay out and summarize the prosecution's case.

Collaborating with Government Agencies

Building strong cases and carrying out detailed investigations– it's something prosecutors often do in partnership with other agencies. This might mean local police officers, it could include bigger investigative bodies like the FBI, plus specialists in fields such as forensics.

Some work closely with federal prosecutors or liaise with other government agencies, depending on jurisdiction.

Upholding Fairness and Justice

A chief prosecutor has an ethical obligation to do more than secure convictions—they must also pursue fairness. If information comes to light suggesting a defendant might be innocent, the prosecutor must make this known. Failing to do so would be both unethical and illegal.

Who Is a Defense Attorney?

A defense attorney is a lawyer tasked with representing people or organizations that have been accused of committing a crime. The primary role of these attorneys is to safeguard the rights of their clients and make sure they receive a fair trial.

Whether the person accused (the defendant) is ultimately found guilty or innocent does not concern the defense attorney, who must provide a zealous defense even for those who seem guilty as charged.

Defense attorneys work privately or are appointed by the court to represent those who cannot afford to pay for a lawyer. In some cases, they team up with other attorneys or experts on particular cases.

Not only do they help ensure that their clients receive just treatment, but their efforts also help make the system work better for everyone involved.

Understanding Prosecutors and District Attorneys

Prosecutors, such as district attorneys, are public attorneys with a duty not only to win convictions but also to see that justice is done during criminal trials. That means they must be fair arbiters of fact as well and assist with criminal prosecutions.

A district attorney (DA) is the highest-ranking prosecutor in a jurisdiction. DAs may be elected by voters or appointed by an executive such as a governor.

Among other duties, they supervise junior attorneys, collaborate with law enforcement agencies, and appear in court on behalf of the state. If somebody is formally accused of a serious crime like grand theft auto, it will likely be up to their DA's office to decide whether criminal charges should be pursued—and if so, how aggressively.

Although public defenders (a.k.a. defense attorneys) work for individuals, those holding elective office as district attorneys do not. Instead, they represent "the people." This means balancing competing interests every time they go to court.

The Function of Legal Counsel in the Justice System

Both prosecutors and defense attorneys act as legal counsel in courtrooms, although their responsibilities are vastly different from one another.

The term "legal counsel" refers to a licensed lawyer who gives advice and acts for clients in legal matters– but don't be fooled by this simple definition.

A prosecutor is working for the government and trying to prove beyond a reasonable doubt that a defendant is guilty. Often, they work closely with the police and other government agencies to help them build their case.

Depending on the level of jurisdiction, this could include state prosecutors, a city attorney, or even the United States Attorney General in federal matters.

Meanwhile, a defense attorney looks after the rights of those accused– making sure they are not trampled on as the case moves through the courts.

For example, in a murder trial, while the prosecutor puts forward evidence aiming for a conviction, the defense lawyer may raise questions over the reliability of witnesses or suggest there are gaps in forensic science.

These two sides draw on their legal knowledge to argue—but with completely opposite goals. Such an equilibrium is necessary for an equitable justice system: without lawyers on both sides of the court, trial proceedings might be unfair. They could go wrong or be unjust.

Criminal Defense Vs. Prosecution: Goals and Responsibilities

Every criminal trial features a defense lawyer and a prosecutor. Even though they are both attorneys, their goals and duties could not be more different.

A criminal defense attorney makes sure people accused of crimes have their rights respected– for example, being found innocent if they really are! These lawyers do not try to prove their clients did not commit the alleged acts (although that can be helpful).

Instead, they want to raise questions about the prosecution's arguments—such as whether there is reasonable doubt—and ensure that all proper procedures are followed.

Prosecutors act on behalf of the public interest, working to hold those who break the law accountable. While their aim is to secure convictions when appropriate, they must adhere to ethical standards, including only pursuing charges supported by sufficient evidence.

If someone is charged with shoplifting, the prosecutor tries to prove they committed the act, but their defence lawyer may argue that they didn't intend to, or believed they were someone else. Both are necessary.

The prosecution looks after people who have been wronged. The defence stops innocent people from being punished. These two ideas together keep fair treatment ("justice") balanced - like a scale.

How Prosecutors Work with Government Agencies

Prosecutors do not work in isolation - they depend on a strong working partnership with government bodies, police, and detectives to create evidence-backed cases.

When crimes are reported, prosecutors don't spring into action solo. Instead, they work behind the scenes alongside police officers from the outset: poring over reports, collecting witness statements, and determining whether there is sufficient evidence to bring charges.

Frequently, before a case goes to court, they direct detectives seeking further details that might bolster it. If a case is very complicated, they might need to collaborate with federal government bodies such as the FBI, DEA, or IRS – especially if it involves financial fraud or organised crime.

This kind of teamwork not only strengthens their case by providing additional evidence. It also demonstrates to judges that proper procedures have been followed at every step.

In fact, there's more to being a good lawyer than just turning up in court! They must also behave ethically throughout their investigation (for example, not paying witnesses to testify) and be seen working alongside police, forensic experts, and other professionals for the justice system to function correctly.

How Defense Attorneys Present Evidence and Build a Case

Creating a strong defense strategy is not just about arguing in court – it starts long before trial and has many aspects.

To build a strong defense, defense attorneys scrutinize charges, assess evidence, and look for potential problems with the case. For instance, they might request additional documents, attempt to exclude questionable evidence, or argue that specific evidence was obtained illegally.

This last tactic could be used if police searched a home or car without a warrant, or failed to read suspects their Miranda rights before an interrogation.

At this point, defense lawyers begin to gather information and identify individuals who can assist them in proving their client's innocence. For instance, they might pay investigators to interview witnesses, check facts, or follow someone. They could also seek the opinion of specialists, such as doctors or scientists.

In court, a defense lawyer has a different kind of job than a prosecutor. Their job is not to prove anything, but to ensure that all the facts are presented clearly and believably.

This can involve questioning witnesses as well as presenting evidence. The main aim, though, is to create "reasonable doubt" and consider the option of a plea deal. It means making members of the jury think there is a good possibility that the defendant did not commit the crime.

Every argument, question, and exhibit is carefully chosen to tell the client's side of the story—and to ensure the trial is fair, balanced, and constitutionally sound.

Plea Bargaining: a Shared Strategy in Legal Proceedings

Employed frequently by defense lawyers and prosecutors alike, plea bargaining is a popular legal tactic for resolving criminal cases out of court. Defendants often agree to plead guilty (usually to a lesser charge or in exchange for a more lenient sentence) to avoid the uncertainty and expense of a trial.

Such deals are helpful to both sides. Prosecutors can obtain a conviction without having to try the case, thus saving time and money while "clearing" often sizable caseloads.

Defense attorneys can help their clients secure more lenient sentences or have charges dropped: something they may be unable to do if a case goes before a judge and jury because the evidence against them appears strong.

If someone is charged with possessing illegal drugs, they could decide to plead guilty to a different crime during talks with the prosecutor. This might mean they get probation instead of going to jail.

The person might also benefit in this way if it means they do not have to go through the upset of giving evidence in court.

Plea bargaining is not suitable for all cases, but its resolution frequently makes sense from an objective standpoint: it saves time and money, and spares everyone involved an ordeal.

Defense Attorney Ethics Vs. Prosecutor Ethics

While both defense attorneys and prosecutors adhere to rigorous ethical standards, their obligations differ because they serve distinct functions within the justice system.

Defense attorneys are required by their code of ethics to provide vigorous representation for their clients while also upholding client confidentiality – even if those clients may be guilty.

Above all, defense lawyers must protect their clients' rights and ensure fair treatment during a trial. What they shouldn't do is worry about whether the public believes them or personally thinks they might be scoundrels.

A prosecutor, by contrast, must seek justice rather than convictions per se. This means they must play fair: judges complain when prosecutors fail to hand over evidence that could help the defendant (i.e., "exculpatory" evidence) – or when they deliberately overcharge suspects or mislead juries about the facts of a case.

For instance, if new DNA tests become available that could exonerate someone, then the prosecution must disclose this information, even though it may weaken their case.

Fairness, professionalism, and respect for the law are required from both jobs. Although they serve different purposes during a trial, their dedication to these shared morals is what helps maintain credibility and balance within our legal system.

Education and Training: How Do You Become a Defense Attorney Or Prosecutor?

Whether you want to be a defense attorney or a prosecutor, you'll start down the same road: earning a bachelor's degree and then completing law school to obtain a Juris Doctor (JD) degree from an accredited institution.

After they graduate, would-be attorneys must also pass the bar exam in the specific states where they plan to practice law.

But after these initial steps, the career paths diverge. By handling a wide range of cases, including some grave crimes, they gain experience working in courtrooms. Many prosecutors spend their entire professional lives in the public sector, steadily advancing within the hierarchy.

On the other hand, public defenders work for public defender offices. Some also work in private practice. A few may decide to focus on white-collar crime or offenses committed by juveniles.

Making certain that those accused of crimes are treated justly is what these professionals are all about– and it requires being good at sleuthing things out.

Also, having empathy, bounce-back skills, plus the ability to deal with setbacks along the way.

Conclusion

Understanding the distinction between a lawyer and a prosecutor is more than just knowing your legalese—it also sheds light on how justice works.

After all, while defense attorneys are there to safeguard the rights of those who have been accused (as well as try to prove their innocence), state representatives have a very different job. They're in court to demonstrate why someone should be found guilty as charged.

Both are essential if we want our legal system to be both fair and understandable for everyone involved.

Whether you're keen to learn or just daydreaming during a trial, being able to tell one kind of legal eagle from another may help you follow proceedings better – and grasp why things pan out the way they do.

Frequently Asked Questions

Are Prosecutors Lawyers?

Certainly, they represent the government in criminal trials to prove an accused person is guilty of a crime beyond a reasonable doubt.

Can Lawyers Become Prosecutors?

Any licensed attorney can decide to become a prosecutor by applying for a job with the government, such as at a district attorney's (DA) office.

Do Other Government Agencies Also Have Prosecutorial Powers?

Indeed, certain governmental bodies, such as the SEC and IRS, have legal teams that are able to press charges of an administrative or civil nature. They also have the ability to collaborate with public prosecutors on criminal cases.

What Is the Main Difference Between a Prosecutor and a Criminal Defense Attorney?

A prosecutor acts on behalf of the government to demonstrate guilt, whereas a defense lawyer represents those accused of crimes and strives to protect their rights and secure a fair trial.