if defendant's lawyer is called the defense, what is plaintiff's lawyer called?

In lawyer parlance a "plaintiff's attorney" refers to a lawyer who regularly represents persons who are suing for damages, while a lawyer who is regularly chosen by an insurance company to represent its insureds is called a "defense attorney." (See: plaintiff, defense attorney) Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill.

Full Answer

What is a plaintiff's attorney called?

n. the attorney who represents a plaintiff (the suing party) in a lawsuit. In lawyer parlance a "plaintiff's attorney" refers to a lawyer who regularly represents persons who are suing for damages, while a lawyer who is regularly chosen by an insurance company to represent its insureds is called a "defense attorney."

What is the difference between a plaintiff and defense attorney?

In lawyer parlance a "plaintiff's attorney" refers to a lawyer who regularly represents persons who are suing for damages, while a lawyer who is regularly chosen by an insurance company to represent its insureds is called a "defense attorney." (See: plaintiff, defense attorney)

What does a defense lawyer do?

A defense lawyer is an attorney who represents an accused party in legal matters, including in a court of law. The accused party is known as the defendant. Many defense attorneys start out as prosecutors for the state. The prosecutor is there as an agent of the state, acting in the interest of the victim, but not representing them directly.

What is the difference between a defendant and a defendant?

A simple way to remember the difference between the two terms is that defendant has the word defend in it. So, defendants must defend or be defended against any wrongdoing. When you thinking of criminal defendants, OJ Simpson and Casey Anthony may come to mind.

What is the plaintiff side called?

In a civil case, the person or entity that files the lawsuit is called the plaintiff. The person or entity being sued is called the defendant. In a civil case, the “defendant” is the person or entity being sued and the “plaintiff” is the person or entity filing the lawsuit.

What's the opposite of a defense lawyer?

prosecutorA prosecutor is a lawyer who works for a state or government organization and is responsible for starting legal proceedings and then proving in court that the suspect committed the crime he's accused of. The opposite of a prosecutor is a defense attorney.

What is the opposing lawyer called?

An opposing counsel is a lawyer or attorney representing an opposing party in a lawsuit. In a legal dispute, you'll typically have the plaintiff represented by an attorney along with the defendant also legally represented. The plaintiff's attorney is the opposing counsel to the defendant's attorney and vice-versa.

Is the plaintiff the appellant?

The technical legal word for the people who are part of a court case and have a right to ask the court to make a decision on a dispute. At the trial level, the parties are typically called the plaintiff or petitioner and the defendant or respondent. On appeal, parties are called the appellant and appellee.

What is the opposite of defender in court?

In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case.

What is a synonym for defense attorney?

defense attorney. pleader. lawyer-client relation. counselor-at-law. counsellor.

What do lawyers call each other?

Brother/Sister: When speaking to the court, attorneys often refer to opposing counsel as “My Brother” or “My Sister”. The attorneys are not related, they use this reference because they are looked upon as brethren in the law.

What term means opposing sides in law?

Adversary System. The system of trial practice in the United States and some other countries in which each of the opposing, or adversary, parties has full opportunity to present and establish opposing contentions before the court.

What is difference between counsel and council?

Council is the word for an advisory group or meeting; counsel is the word for advice, an individual giving advice or guidance, or the verb indicating such action. There is not a tried-and-true mnemonic to differentiate these words.

Are plaintiff and prosecutor the same thing?

Names of the sides. In criminal trials, the state's side, represented by a district attorney, is called the prosecution. In civil trials, the side making the charge of wrongdoing is called the plaintiff. (The side charged with wrongdoing is called the defendant in both criminal and civil trials.)

What is the opposite of plaintiff in law?

Definitions of plaintiff. a person who brings an action in a court of law. synonyms: complainant. Antonyms: defendant, suspect. a person or institution against whom an action is brought in a court of law; the person being sued or accused.

Is the plaintiff the petitioner?

The difference between the term plaintiff and petitioner is that, plaintiff is the one who seeks remedy in a civil action whereas the petitioner is the one who invokes the help of a court to redress his grievances , for e.g.: any individual can be a petitioner and file a petition in case of public interest.

What is the difference between a plaintiff and a defendant?

What’s the difference between a plaintiff and a defendant? The plaintiff is a person or entity that files a lawsuit. The lawsuit includes a complaint and a summons which must be filed in the appropriate court. The defendant the person or entity that is being sued. Plaintiff and defendant are terms usually used in civil cases and/or a civil lawsuit.

What is the burden of proof in civil cases?

The burden of proof in civil cases is usually preponderance of the evidence. This refers to the weight of the evidence, not the amount. The plaintiff must convince the judge or jury that there is a greater than 50% chance that the claim is true. In criminal cases, the charges must be proven beyond a reasonable doubt.

What is the plaintiff in a lawsuit called?

The plaintiff can be referred to as the counter-defendant. When you are entering a lawsuit, your attorney should explain any unfamiliar terms. Knowing the difference between plaintiff and defendant is a good way to start to build your legal vocabulary. When you need legal advice, help with child support enforcement, ...

What is the term for a defendant who is a counterclaimer?

This is referred to as a “counterclaim”. When this happens, the defendant is called the “counter-claimant” or “counter-plaintiff”. The plaintiff can be referred to as the counter-defendant.

What is legalese in personal injury?

Many times, lawyers can use overly-technical language or “legalese” to explain different aspects of your legal matter. Two of these terms that are used frequently are plaintiff and defendant.

What is the appellant in a case?

When a case is appealed, the parties involved are seldom referred to as the plaintiff and defendant. The party appealing the ruling is called the appellant. The party responding to the appeal is called the appellee. It does not matter which side they were on in the original case.

What are the two words used frequently in a lawyer's case?

Two words used frequently are plaintiff and defendant. Understanding the differences between the two and when to use them is extremely important when talking about your case.

What is a defense lawyer?

Learn More. A defense lawyer represents a defendant in criminal or civil proceedings. A defense lawyer is an attorney who represents an accused party in legal matters, including in a court of law. The accused party is known as the defendant. Many defense attorneys start out as prosecutors for the state. The prosecutor is there as an agent of the ...

Who can convince a jury that a defendant is guilty?

It is up to the prosecutor to convince a jury beyond a reasonable doubt that the defendant is guilty. The defense does not have to prove the innocence of the defendant, as the law dictates that a person is innocent by default until proven guilty, but if evidence exists that can exonerate a client, it is up to the lawyer to bring this evidence out ...

What happens when a defendant is found not guilty?

Often, when defendants are found “not guilty” in criminal trials, the victims pursue civil remedies for financial restitution. Civil courts do not hand down prison sentences. While a prosecutor can make a respectable salary, a high profile defense lawyer is one of the most lucrative careers in law.

What is the accused party?

The accused party is known as the defendant. Many defense attorneys start out as prosecutors for the state. The prosecutor is there as an agent of the state, acting in the interest of the victim, but not representing them directly. Criminal proceedings, where there is a prosecutor, don't have a plaintiff, per se, ...

Do accused parties hire their own lawyers?

Though there are many talented state-appointed defense attorneys, accused parties with means usually hire their own lawyers. A defense lawyer frequently tries to turn the situation around to make their client appear to be a victim.

Does a criminal case have a plaintiff?

Criminal proceedings, where there is a prosecutor, don 't have a plaintiff, per se, as the party that brings charges against the defendant is a public agency. If a party is charged with a crime and cannot afford to hire a private defense lawyer, the state will assign an attorney to represent the defendant.

Can a lawyer lie to the court?

A lawyer cannot knowingly place a witness on the stand to perpetuate a lie, nor can he or she knowingly lie to the court. For this reason, in high profile cases, it is not unusual that a lawyer will not want to know if the client is guilty. Without that absolute knowledge, the defense strategy can remain more flexible.

What is the person who initiates a civil case called?

In civil cases the person who initiates the law suit is called a Plaintiff and the person being sued or that the case is against is called the Defendant. In family law cases they can be called the Petitioner and the other side is referred to as the Respondent. Generally in criminal cases the side initiating the legal action is the Prosecution or The People of the State of California...

Who is the plaintiff in a criminal case?

The Plaintiff is the prosecutor in a criminal case. The Defendant is being charged, namely yourself. You should be asking your attorney this question. Violating probation is a serious thing.

What can a lawyer ask a witness to testify about?

During direct exams, attorneys can ask witnesses to identify demonstrative evidence, such as documents and photographs and/or to explain what they saw, heard, or did in relation to the case at hand. For example, a plaintiff's attorney in a car accident personal injury lawsuit may call a bystander to testify as to what he or she saw just before, during, and/or after the accident, including what the weather was like, what happened during the accident, and any other details the witness remembers from the day.

What happens after a witness is cross-examined?

After this, the opposing attorney can conduct a final recross examination of the witness, which is limited to the subjects brought up during the redirect.

What is the purpose of a direct examination?

The purpose of a direct examination is to get the witness to testify about facts that support the plaintiff's case. Generally, a witness can't give an opinion or draw conclusions from the evidence unless that person has been qualified as an ...

What does cross examination mean in court?

During cross-examination, the attorney tries to undermine or impeach the witness's credibility by showing that the witness is not reliable or that the witness may have misstated something or even lied during the direct examina tion. For example, if the witness said one thing in an accident report or during a deposition and then testified differently at trial, the defendant's attorney can refer to the previous statements and show inconsistencies in the story.

How to undermine a witness's credibility?

Another way to undermine the witness's credibility is to show that the witness has a stake in the outcome of the case, which might influence the testimony.

What happens when a defendant calls witnesses?

The same procedure is followed as in the plaintiff's presentation of witnesses. The defendant's attorney conducts direct examination of the witnesses, and the plaintiff's attorney will conduct cross-examinations.

What happens after a plaintiff's attorney completes the direct examination?

After the plaintiff's attorney completes the direct examination, the defendant's attorney gets to cross-examine the witness. Cross-examination is a fundamental right in the American system of justice. Generally, cross-examination is limited to matters covered during the direct examination. The attorney may ask leading questions during cross-examination.

Is it proper to have an attorney contact pro se?

It's not only proper, it was courteous of the attorney. Otherwise, unless you had checked the electronic court calendar or unless you had received notification from the Court directly you would have had to appear to discover your case had been adjourned. Often the Court will request that attorneys contact pro se parties (or opposing attorneys) ...

Can an attorney contact an opposing party?

In general, it is inappropriate for an attorney to contact an opposing party directly instead of the opposing party's attorney. But because you are representing yourself by acting as your own attorney, it was probably an appropriate communication in your case. Typically, if a court date is rescheduled or taken off-calendar, one attorney will often inform the other side as a courtesy (and sometimes the court will request...

Can you be held accountable for the rules of court?

Yes.#N#As pro se, you'll be held accountable for having the same information about the rules of court, rules of law, and rules of evidence as an attorney who has years of experience handling cases.

Learn How to Use These Legal Terms Correctly in A Personal Injury Case

What’s The Difference Between A Plaintiff and A Defendant?

• The plaintiff is a person or entity that files a lawsuit. The lawsuit includes a complaint and a summons which must be filed in the appropriate court. The defendant the person or entity that is being sued. Plaintiff and defendant are terms usually used in civil cases and/or a civil lawsuit. These can be anything from personal injury claims to negli...

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