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Attorney vs. Prosecutor: Know the Difference

Shumaila Saeed
By Shumaila Saeed || Updated on December 26, 2023
An attorney is a legal professional who represents clients in various legal matters, while a prosecutor is an attorney who represents the state in criminal proceedings.
Attorney vs. Prosecutor

Key Differences

An attorney, also known as a lawyer, is a licensed professional who advises and represents individuals, businesses, and government agencies on legal issues and disputes. In contrast, a prosecutor is a specific type of attorney who works on behalf of the government, primarily in criminal cases, to bring charges against individuals or entities accused of breaking the law.
Shumaila Saeed
Shumaila Saeed
Dec 26, 2023
Attorneys can specialize in various areas of law, such as criminal defense, civil litigation, corporate law, or family law, providing a wide range of legal services. Prosecutors, however, are dedicated to criminal law, focusing on prosecuting individuals who have allegedly committed crimes, with their primary role being to seek justice rather than just securing convictions.
Shumaila Saeed
Shumaila Saeed
Dec 26, 2023
The role of an attorney is diverse, including advising clients, drafting legal documents, negotiating settlements, and representing clients in court. In contrast, a prosecutor's duties revolve around evaluating police reports, deciding whether to file charges, and then presenting the case in court against the accused.
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Shumaila Saeed
Dec 26, 2023
While attorneys can work in private practice, for corporations, or for non-profit organizations, prosecutors are typically employed by government entities such as the district attorney's office, the state attorney's office, or the Department of Justice.
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Shumaila Saeed
Dec 26, 2023
Attorneys can act as either defense lawyers or as representatives in civil matters, advocating on behalf of their clients' interests. On the other hand, prosecutors serve the public interest, aiming to uphold the law by prosecuting those who violate it, thus contributing to public safety and the enforcement of legal standards.
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Shumaila Saeed
Dec 26, 2023
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Comparison Chart

Role in Legal System

Represents clients in legal proceedings.
Represents the state in criminal cases.
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Dec 26, 2023

Type of Practice

Can practice in various legal fields.
Typically works in criminal law.
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Client Representation

Represents individuals or entities.
Does not represent individuals, but the public interest.
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Appointment/Employment

Can be privately hired or appointed.
Usually employed by the government.
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Objective in Cases

Defends the interests of the client.
Seeks to prove the guilt of the accused.
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Attorney and Prosecutor Definitions

Attorney

A person appointed to act for another in legal or business matters.
He appointed an attorney to manage his legal affairs while abroad.
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Shumaila Saeed
Dec 26, 2023

Prosecutor

A legal officer who conducts criminal proceedings on behalf of the state.
The prosecutor argued that the evidence clearly pointed to the defendant's guilt.
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Shumaila Saeed
Dec 26, 2023

Attorney

A lawyer providing legal advice and services.
She hired an attorney to navigate her complex real estate transaction.
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Dec 26, 2023

Prosecutor

A public official who accuses someone of a crime.
The prosecutor charged the suspect with multiple counts of fraud.
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Attorney

A legal professional authorized to represent clients in court.
The attorney presented compelling evidence to defend her client.
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Dec 26, 2023
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Prosecutor

A lawyer who seeks to prove the guilt of a defendant in court.
The prosecutor's closing argument was powerful and convincing.
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Attorney

An advocate or counselor in legal matters.
The attorney argued passionately for his client's rights.
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Dec 26, 2023

Prosecutor

One that prosecutes.
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Oct 19, 2023

Attorney

A representative in legal proceedings.
As his attorney, she negotiated a favorable settlement.
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Shumaila Saeed
Dec 26, 2023

Prosecutor

One that initiates and carries out a legal action, especially criminal proceedings.
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Oct 19, 2023

Attorney

A person who is legally qualified and licensed to represent a person in a legal matter, such as a transaction or lawsuit.
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Oct 19, 2023

Prosecutor

See prosecuting attorney.
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Oct 19, 2023

Attorney

(US) A lawyer; one who advises or represents others in legal matters as a profession.
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Oct 19, 2023

Prosecutor

(law) a prosecuting attorney.
Annie Jay was the Wisconsin government prosecutor in the trial of a man for forging his client's signature.
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Shumaila Saeed
Oct 19, 2023

Attorney

One such who practised in the courts of the common law.
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Prosecutor

(law) a person, as a complainant, victim, or chief witness, who institutes prosecution in a criminal proceeding.
The prosecutor got the witness to admit he was lying.
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Attorney

A solicitor.
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Prosecutor

One who prosecutes or carries on any purpose, plan, or business.
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Oct 19, 2023

Attorney

An agent or representative authorized to act on someone else's behalf.
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Oct 19, 2023

Prosecutor

The person who institutes and carries on a criminal suit against another in the name of the government.
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Oct 19, 2023

Attorney

An honorific given to lawyers and notaries public, or those holders by profession who also do other jobs. Usually capitalized or abbreviated as Atty.
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Shumaila Saeed
Oct 19, 2023

Prosecutor

A government official who conducts criminal prosecutions on behalf of the state
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Attorney

Clusia spp.
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Prosecutor

An attorney representing the government in criminal cases.
As a prosecutor, she was dedicated to upholding justice.
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Attorney

A prosecutor
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Prosecutor

A representative of the legal system enforcing law and order.
The prosecutor played a key role in the high-profile corruption trial.
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Attorney

To work as a legal attorney.
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Oct 19, 2023

Attorney

To provide with a legal attorney.
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Attorney

A substitute; a proxy; an agent.
And will have no attorney but myself.
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Oct 19, 2023

Attorney

One who is legally appointed by another to transact any business for him; an attorney in fact.
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Oct 19, 2023

Attorney

To perform by proxy; to employ as a proxy.
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Attorney

A professional person authorized to practice law; conducts lawsuits or gives legal advice
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Oct 19, 2023

Repeatedly Asked Queries

What is an attorney?

A legal professional who represents clients in various legal matters.
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Shumaila Saeed
Dec 26, 2023

Can an attorney work in non-criminal cases?

Yes, attorneys can practice in different legal fields, including civil, family, and corporate law.
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Shumaila Saeed
Dec 26, 2023

Do prosecutors only handle criminal cases?

Generally, yes, they specialize in criminal law.
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Shumaila Saeed
Dec 26, 2023

Is a prosecutor always a government employee?

Typically, yes, as they represent the state or federal government.
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Shumaila Saeed
Dec 26, 2023

Can an attorney become a prosecutor?

Yes, an attorney with experience in criminal law can become a prosecutor.
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Shumaila Saeed
Dec 26, 2023

What is a prosecutor?

A legal officer who represents the state in criminal prosecutions.
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Shumaila Saeed
Dec 26, 2023

Who does a prosecutor represent?

The prosecutor represents the state or the public interest, not individual clients.
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Dec 26, 2023

Do prosecutors decide the charges to be filed?

Yes, they determine the charges based on the evidence.
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Dec 26, 2023

Can an attorney represent someone in a different state?

This depends on the attorney's bar admission and state laws.
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Shumaila Saeed
Dec 26, 2023

Are all attorneys involved in courtroom trials?

Not necessarily; some may specialize in areas that don't require court appearances.
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Dec 26, 2023

Can a prosecutor defend a criminal defendant?

No, their role is to prove the defendant's guilt.
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Dec 26, 2023

Are prosecutors involved in the investigation process?

They often work closely with law enforcement during investigations.
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Dec 26, 2023

Do prosecutors negotiate plea bargains?

Yes, they can negotiate plea agreements with defendants.
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Do prosecutors make laws?

No, they enforce and apply existing laws.
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Dec 26, 2023

Can an attorney specialize in multiple legal areas?

Yes, though many choose to specialize in a specific field.
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Dec 26, 2023

Is the role of a prosecutor the same in all countries?

The basic role is similar, but specific duties can vary by legal system.
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Shumaila Saeed
Dec 26, 2023

Can both attorneys and prosecutors give legal advice?

Attorneys commonly provide legal advice, while prosecutors focus on prosecuting cases.
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Shumaila Saeed
Dec 26, 2023

Can an attorney refuse a case?

Yes, attorneys can choose which cases to take.
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Dec 26, 2023

Can an attorney be self-employed?

Yes, attorneys can work independently or in law firms.
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Dec 26, 2023

Can an attorney work as a legal advisor?

Yes, providing legal advice is a common role for attorneys.
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Shumaila Saeed
Dec 26, 2023

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About Author
Shumaila Saeed
Written by
Shumaila Saeed
Shumaila Saeed, an expert content creator with 6 years of experience, specializes in distilling complex topics into easily digestible comparisons, shining a light on the nuances that both inform and educate readers with clarity and accuracy.

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