Attorney vs. Prosecutor — What's the Difference?
By Tayyaba Rehman — Updated on September 26, 2023
An "Attorney" is a legal professional who can represent clients in legal matters. A "Prosecutor" is a legal representative of the state responsible for presenting cases against individuals accused of breaking the law.
Difference Between Attorney and Prosecutor
Table of Contents
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Key Differences
An "Attorney" and a "Prosecutor" play different roles within the legal system, each having distinct responsibilities and domains of operation. An attorney is a broad term for a professional who is qualified to advise people about the law and represent them in court, which includes a wide range of legal specialties, like criminal law, civil law, estate law, etc. They can represent either the defense or the plaintiff in legal proceedings. A prosecutor, on the other hand, is a type of attorney who represents the government, particularly in criminal cases, working to prove the guilt of the accused and ensure the enforcement of the law.
While attorneys can operate in various legal fields and may be involved in both civil and criminal cases, prosecutors are specialized attorneys focusing exclusively on criminal cases. Attorneys generally have the responsibility to protect the interests of their clients, providing counsel, advice, and representation, while prosecutors have the duty to uphold the law, presenting evidence and arguments against the accused to secure a conviction in the interest of public safety and justice.
In terms of client representation, attorneys often represent private clients, either individuals or corporations, who seek their services, and their primary duty is to their client's interests. Prosecutors, however, represent the government or the “people,” and their primary duty is to the public interest, seeking justice rather than serving the interests of an individual client.
In their interaction with the accused, attorneys can serve in defense roles, representing individuals accused of crimes, advocating on their behalf, and ensuring their legal rights are protected. Prosecutors, in contrast, oppose the accused, presenting the case against them and seeking to demonstrate their guilt beyond a reasonable doubt.
Comparison Chart
Representation
Can represent either side in legal matters.
Represents the government in criminal cases.
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Specialization
Can specialize in various legal fields.
Specializes in criminal law.
Responsibility
Protects interests of their clients.
Upholds the law and seeks justice.
Clientele
Represents private clients, individuals, or corporations.
Represents the government or the “people.”
Interaction with the Accused
Can serve in defense roles, advocating for the accused.
Opposes the accused, presenting the case against them.
Compare with Definitions
Attorney
An Attorney’s primary responsibility is to protect the interests of their clients.
The attorney fought relentlessly to secure his client’s rights.
Prosecutor
A Prosecutor’s primary duty is to uphold the law and seek justice.
The prosecutor pursued the case diligently to ensure justice was served.
Attorney
An Attorney is a professional qualified to represent clients in legal matters.
The attorney prepared a strong defense for his client.
Prosecutor
A Prosecutor’s responsibility is to the public interest, representing the state or the “people.”
The prosecutor acted in the interest of the public to enforce the law.
Attorney
An Attorney provides counsel and advice to clients seeking legal assistance.
The attorney advised his client to settle the case out of court.
Prosecutor
A Prosecutor is a legal representative of the government in criminal cases.
The prosecutor presented compelling evidence against the defendant.
Attorney
A person who is legally qualified and licensed to represent a person in a legal matter, such as a transaction or lawsuit.
Prosecutor
A Prosecutor works to prove the guilt of the accused in criminal proceedings.
The prosecutor argued that the accused’s actions were premeditated.
Attorney
(US) A lawyer; one who advises or represents others in legal matters as a profession.
Prosecutor
A prosecutor is a legal representative of the prosecution in countries with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial against an individual accused of breaking the law.
Attorney
One such who practised in the courts of the common law.
Prosecutor
One that prosecutes.
Attorney
A solicitor.
Prosecutor
One that initiates and carries out a legal action, especially criminal proceedings.
Attorney
An agent or representative authorized to act on someone else's behalf.
Prosecutor
See prosecuting attorney.
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.
Prosecutor
(law) a prosecuting attorney.
Annie Jay was the Wisconsin government prosecutor in the trial of a man for forging his client's signature.
Attorney
Clusia spp.
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.
Attorney
A prosecutor
Prosecutor
One who prosecutes or carries on any purpose, plan, or business.
Attorney
To work as a legal attorney.
Prosecutor
The person who institutes and carries on a criminal suit against another in the name of the government.
Attorney
To provide with a legal attorney.
Prosecutor
A government official who conducts criminal prosecutions on behalf of the state
Attorney
A substitute; a proxy; an agent.
And will have no attorney but myself.
Prosecutor
A Prosecutor presents evidence and arguments against the accused.
The prosecutor highlighted the inconsistencies in the defendant’s statements.
Attorney
One who is legally appointed by another to transact any business for him; an attorney in fact.
Attorney
To perform by proxy; to employ as a proxy.
Attorney
A professional person authorized to practice law; conducts lawsuits or gives legal advice
Attorney
An Attorney can specialize in various areas of law, such as criminal, civil, or estate law.
The attorney specialized in intellectual property law to assist inventors.
Attorney
An Attorney can represent either the defense or the plaintiff in court proceedings.
The attorney passionately represented the plaintiff in the lawsuit.
Common Curiosities
Is a prosecutor a type of attorney?
Yes, a prosecutor is a specialized type of attorney who represents the government in criminal cases.
Can an attorney represent clients in both civil and criminal cases?
Yes, attorneys can represent clients in both civil and criminal legal matters, depending on their specialization.
Does a prosecutor work to prove the guilt of individuals accused of crimes?
Absolutely, a prosecutor's role is to present evidence and arguments to prove the guilt of the accused in criminal proceedings.
Does an attorney primarily serve the interests of their clients?
Yes, an attorney’s primary duty is to serve and protect the interests of their clients.
Can an attorney provide legal counsel and advice to their clients?
Yes, part of an attorney’s role is to provide legal counsel and advice to clients seeking legal assistance.
Can attorneys represent either the defense or the plaintiff in legal proceedings?
Absolutely, attorneys can represent either the defense or the plaintiff in various legal proceedings, advocating on behalf of their clients.
Can an attorney represent clients in legal matters relating to intellectual property?
Yes, attorneys can specialize in intellectual property law and represent clients in related legal matters, such as patents and trademarks.
Do prosecutors have a duty to present evidence against the accused?
Absolutely, prosecutors have a duty to present compelling evidence against the accused to secure a conviction in criminal cases.
Is a prosecutor’s role integral in the enforcement of law and order?
Indeed, the role of a prosecutor is integral in upholding and enforcing law and order through the prosecution of criminal activities.
Is the primary responsibility of a prosecutor to uphold the law and seek justice?
Yes, the primary responsibility of a prosecutor is to uphold the law and ensure justice is served in the interest of the public.
Do prosecutors represent the government or the “people” in criminal cases?
Yes, prosecutors represent the interests of the government or the “people” in criminal cases, working in the public interest.
Can an attorney specialize in areas other than criminal law, such as estate or civil law?
Yes, attorneys can specialize in various legal fields including, but not limited to, criminal, civil, estate, and intellectual property law.
Do prosecutors present the case against the accused in criminal proceedings?
Yes, prosecutors present the case against the accused, seeking to demonstrate their guilt beyond a reasonable doubt in criminal proceedings.
Is an attorney’s primary focus to protect the legal rights of their clients?
Yes, one of the primary focuses of an attorney is to protect the legal rights and interests of their clients in legal matters.
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Written by
Tayyaba RehmanTayyaba Rehman is a distinguished writer, currently serving as a primary contributor to askdifference.com. As a researcher in semantics and etymology, Tayyaba's passion for the complexity of languages and their distinctions has found a perfect home on the platform. Tayyaba delves into the intricacies of language, distinguishing between commonly confused words and phrases, thereby providing clarity for readers worldwide.
