法律英语：48 Lawyers, Prosecutors, and Attorneys

by Michael W. Flynn
 
First, a disclaimer: Although I am an attorney, the legal information in this podcast is not intended to be a substitute for seeking personalized legal advice from an attorney licensed¹ to practice in your jurisdiction². Further, I do not intend to create an attorney-client relationship with any listener.    
 
Today I will discuss some legal nomenclature. Joley wrote:
 
I watch Law & Order quite frequently, and I was wondering if you could address a question of mine on your podcast. What is the difference between a prosecutor³, an attorney, and a lawyer?
 
The short answer is that these are all names of people licensed to practice law in a given jurisdiction, but with different powers.
 
First I will address the difference between a lawyer and an attorney. Practically, these two words mean the same thing, and can be used interchangeably. Both words refer to someone who is trained and licensed to give legal advice.
 
But technically⁴, there appear to be some differences. It seems that an attorney is someone who acts as your agent in court, while a lawyer is someone who has legal training.  
 
The word “attorney” has French origins, and once referred to “a person acting⁵ for another as an agent or deputy.” A person with the legal capacity to act on behalf of another is an “attorney-in-fact.” An attorney-in-fact does not need formal legal education and does not need to be licensed. So, you can designate your spouse⁶ as your attorney-in-fact to make health care decisions about you if you are incapacitated, even though your spouse has never set foot in a law school. But, many states refer to those people who are licensed to practice law as “attorneys” or “attorneys-at-law.”
 
The word “lawyer” has Middle English roots and refers to anyone who is trained in the legal field and gives legal advice. So, a person who has graduated from law school, but who has not yet taken or passed the state bar exam, might call himself a lawyer because he has legal training and can give legal advice, but he is not an attorney-at-law because he is not licensed by the state to do so. Well, we all convinced ourselves of this distinction while enduring the excruciating four-month gap between taking the bar exam and getting our results.  
 
That said, if someone calls my office and tells me he is either the lawyer or the attorney for the other side, I assume that person is licensed to practice law.  
 
A prosecutor is a legal officer who represents the state or federal government in criminal proceedings⁷. In the United States, only a government entity⁸ can bring criminal charges against an accused. The attorney who represents the state or federal government is the prosecutor. In some counties, the chief prosecutor is called the “district attorney,” and the attorneys that work with him are called “deputy district attorneys.” In federal cases, a “United States Attorney” brings criminal proceedings against an accused. A “special prosecutor” generally is an attorney from outside the government appointed by an attorney general or Congress to investigate a government official for misconduct while in office.
 
On the other side of a criminal trial is defense⁹ counsel. When defense counsel is paid for by the government, that attorney is called a “public defender¹⁰.”  
 
Just for fun, I also point out the British distinction between a “solicitor¹¹” and a “barrister.” A solicitor is an attorney who does not appear in a courtroom, but gives legal advice in other matters. So, people who draft wills and negotiate real estate closings are solicitors¹². A barrister is a person who is licensed to appear in court (in a wig¹³, including women). In the U.S., we have abandoned this distinction. Any person licensed to give legal advice is licensed to appear in the courts of that state.
 
So Joley, have fun watching Law & Order and showing off all your new knowledge!
 
Thank you for listening to Legal Lad’s Quick and Dirty Tips for a More Lawful¹⁴ Life. Be sure to check out all the excellent Quick and Dirty Tips podcasts at QuickAndDirtyTips.com,
 
You can send questions and comments to。。。。。。or call them in to the voicemail line at 206-202-4LAW. Please note that doing so will not create an attorney-client relationship and will be used for the purposes of this podcast only.
 
Legal Lad's theme music is "No Good Layabout" by Kevin MacLeod.
 

1 licensed   

adj.得到许可的v.许可，颁发执照(license的过去式和过去分词)

参考例句：

• The new drug has not yet been licensed in the US. 这种新药尚未在美国获得许可。
• Is that gun licensed? 那支枪有持枪执照吗？

2 jurisdiction   

n.司法权，审判权，管辖权，控制权

参考例句：

• It doesn't lie within my jurisdiction to set you free.我无权将你释放。
• Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。

3 prosecutor   

n.起诉人；检察官，公诉人

参考例句：

• The defender argued down the prosecutor at the court.辩护人在法庭上驳倒了起诉人。
• The prosecutor would tear your testimony to pieces.检查官会把你的证言驳得体无完肤。

4 technically   

adv.专门地，技术上地

参考例句：

• Technically it is the most advanced equipment ever.从技术上说，这是最先进的设备。
• The tomato is technically a fruit,although it is eaten as a vegetable.严格地说，西红柿是一种水果，尽管它是当作蔬菜吃的。

5 acting   

n.演戏，行为，假装；adj.代理的，临时的，演出用的

参考例句：

• Ignore her,she's just acting.别理她，她只是假装的。
• During the seventies,her acting career was in eclipse.在七十年代，她的表演生涯黯然失色。

6 spouse   

n.配偶(指夫或妻)

参考例句：

• Her spouse will come to see her on Sunday.她的丈夫星期天要来看她。
• What is the best way to keep your spouse happy in the marriage?在婚姻中保持配偶幸福的最好方法是什么？

7 proceedings   

n.进程，过程，议程；诉讼(程序)；公报

参考例句：

• He was released on bail pending committal proceedings. 他交保获释正在候审。
• to initiate legal proceedings against sb 对某人提起诉讼

8 entity   

n.实体，独立存在体，实际存在物

参考例句：

• The country is no longer one political entity.这个国家不再是一个统一的政治实体了。
• As a separate legal entity,the corporation must pay taxes.作为一个独立的法律实体，公司必须纳税。

9 defense   

n.防御，保卫；[pl.]防务工事；辩护，答辩

参考例句：

• The accused has the right to defense.被告人有权获得辩护。
• The war has impacted the area with military and defense workers.战争使那个地区挤满了军队和防御工程人员。

10 defender   

n.保卫者，拥护者，辩护人

参考例句：

• He shouldered off a defender and shot at goal.他用肩膀挡开防守队员，然后射门。
• The defender argued down the prosecutor at the court.辩护人在法庭上驳倒了起诉人。

11 solicitor   

n.初级律师，事务律师

参考例句：

• The solicitor's advice gave me food for thought.律师的指点值得我深思。
• The solicitor moved for an adjournment of the case.律师请求将这个案件的诉讼延期。

12 solicitors   

初级律师( solicitor的名词复数 )

参考例句：

• Most solicitors in England and Wales are in private practice . 英格兰和威尔士的大多数律师都是私人执业者。
• The family has instructed solicitors to sue Thomson for compensation. 那家人已经指示律师起诉汤姆森，要求赔偿。

13 wig   

n.假发

参考例句：

• The actress wore a black wig over her blond hair.那个女演员戴一顶黑色假发罩住自己的金黄色头发。
• He disguised himself with a wig and false beard.他用假发和假胡须来乔装。

14 lawful   

adj.法律许可的，守法的，合法的

参考例句：

• It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
• We don't recognised him to be the lawful heir.我们不承认他为合法继承人。