What types of attorneys are there
An attorney is a person authorized to practice law. In the United States, "attorney" and "lawyer" generally mean the same thing.
This guide covers 16 common types of attorneys. The main categories are based on the area of law, the kind of work performed, and the clients or organizations represented.
Common Types of Attorneys at a Glance
| Type of attorney | What the attorney handles |
|---|---|
| Criminal defense attorney | Represents people accused of crimes |
| Prosecutor | Represents the government in criminal cases |
| Family law attorney | Divorce, custody, adoption, and other family matters |
| Personal injury attorney | Injuries caused by another person or organization |
| Civil litigation attorney | Disputes between individuals, companies, or organizations |
| Business or corporate attorney | Companies, contracts, transactions, and compliance |
| Employment attorney | Workplace disputes, discrimination, wages, and labor issues |
| Estate planning attorney | Wills, trusts, probate, and inheritance planning |
| Real estate attorney | Property purchases, sales, leases, and disputes |
| Bankruptcy attorney | Debt relief and bankruptcy proceedings |
| Immigration attorney | Visas, green cards, citizenship, and deportation matters |
| Intellectual property attorney | Patents, trademarks, copyrights, and trade secrets |
| Tax attorney | Tax planning, disputes, audits, and tax litigation |
| Environmental attorney | Environmental regulations, permits, and contamination claims |
| Securities attorney | Investments, public companies, financial regulations, and securities disputes |
| Government or public-interest attorney | Legal work for government agencies or underserved communities |
The American Bar Association lists many other practice areas, including antitrust, construction, health care, international, military, privacy, sports, transportation, and trusts and estates law.
What Does a Criminal Defense Attorney Do?
A criminal defense attorney represents a person accused of violating criminal law. The attorney may handle:
- Arrests
- Bail hearings
- Plea negotiations
- Criminal trials
- Sentencing
- Appeals
A prosecutor is also a criminal lawyer, but represents the government rather than the accused person. A public defender represents eligible criminal defendants who cannot afford to hire a private attorney.
What Does a Family Law Attorney Do?
A family law attorney handles legal issues involving family relationships. Common matters include:
- Divorce and legal separation
- Child custody and visitation
- Child support and spousal support
- Adoption
- Paternity
- Domestic violence protection orders
- Property division during divorce
Family law attorneys may negotiate agreements, represent clients in court, or help resolve disputes through mediation.
What Does a Personal Injury Attorney Do?
A personal injury attorney represents people who were physically or financially harmed by another person or organization. Common cases include:
- Car and truck accidents
- Slip-and-fall accidents
- Medical malpractice
- Defective products
- Workplace injuries
- Wrongful death
- Dog bites
Personal injury claims are civil cases that may seek compensation for medical expenses, lost income, property damage, pain and suffering, and other losses.
What Does a Civil Litigation Attorney Do?
A civil litigation attorney handles noncriminal disputes. Civil litigators may represent plaintiffs or defendants in cases involving:
- Breach of contract
- Business disputes
- Property damage
- Professional negligence
- Insurance claims
- Consumer disputes
- Employment claims
- Partnership or shareholder conflicts
A trial attorney is a litigator who regularly handles courtroom proceedings. Many civil cases end through negotiation, arbitration, or settlement before trial.
What Does a Business or Corporate Attorney Do?
A business attorney advises companies, owners, executives, and investors about legal issues connected to business operations. Business attorneys may handle:
- Business formation
- Contracts
- Mergers and acquisitions
- Commercial transactions
- Corporate governance
- Partnership disputes
- Regulatory compliance
- Franchise agreements
- Financing and investment deals
A business attorney may work at a law firm or serve as in-house counsel for one company. In-house counsel advises the company directly on contracts, employment, intellectual property, taxes, litigation, and regulatory matters.
What Does an Employment Attorney Do?
An employment attorney handles legal issues involving the workplace. Employment lawyers may represent employees, employers, unions, or government agencies in matters involving:
- Wrongful termination
- Workplace discrimination
- Sexual harassment
- Retaliation
- Wage and hour disputes
- Employment contracts
- Noncompete and confidentiality agreements
- Workplace investigations
- Labor unions and collective bargaining
Employment law can overlap with business law, civil rights law, workers' compensation, and administrative law.
What Does an Estate Planning Attorney Do?
An estate planning attorney helps clients manage and transfer property during life and after death. Services may include:
- Wills
- Revocable living trusts
- Powers of attorney
- Health care directives
- Probate
- Estate administration
- Guardianship planning
- Estate and gift tax planning
Depending on the work involved, an attorney in this area may also be called a probate attorney, trusts and estates attorney, or elder law attorney.
What Does a Real Estate Attorney Do?
A real estate attorney handles legal matters involving land and buildings. These matters may include:
- Residential and commercial purchases
- Property sales
- Leases
- Title problems
- Zoning and land use
- Construction disputes
- Easements
- Foreclosure
- Boundary disputes
- Real estate development
Real estate attorneys may represent homeowners, landlords, tenants, developers, lenders, or commercial property owners.
What Does a Bankruptcy Attorney Do?
A bankruptcy attorney helps individuals or businesses address overwhelming debt through bankruptcy or other debt-relief strategies. The attorney may advise clients about Chapter 7, Chapter 11, or Chapter 13 bankruptcy, depending on the client's circumstances and eligibility.
Bankruptcy lawyers may also handle creditor disputes, repayment plans, asset issues, foreclosure concerns, and business reorganizations.
What Does an Immigration Attorney Do?
An immigration attorney helps individuals, families, workers, and businesses deal with immigration laws and procedures. Common matters include:
- Family-based visas
- Employment-based visas
- Green cards
- Citizenship and naturalization
- Asylum
- Deportation defense
- Temporary protected status
- Employer immigration compliance
Immigration cases often involve federal agencies and detailed filing requirements. Experience with the relevant immigration process can matter when choosing an attorney.
What Does an Intellectual Property Attorney Do?
An intellectual property attorney protects legal rights in inventions, brands, creative works, and confidential business information.
The main types include:
- Patent attorneys: Handle inventions and technology
- Trademark attorneys: Protect brand names, logos, and symbols
- Copyright attorneys: Handle books, music, films, software, artwork, and other creative works
- Trade secret attorneys: Protect confidential commercial information
Patent attorneys may need a scientific or engineering background. They generally must also pass the United States Patent and Trademark Office's patent examination in addition to meeting attorney licensing requirements.
What Does a Tax Attorney Do?
A tax attorney advises individuals and organizations about tax laws and represents clients in tax disputes. Tax attorneys may handle:
- Tax planning
- IRS audits
- Tax liens and levies
- Business tax issues
- Estate and gift taxes
- State and local taxes
- Tax-related litigation
- International tax matters
Tax law can involve advising clients, resolving disputes, and representing clients in court.
What Does an Environmental or Regulatory Attorney Do?
An environmental attorney handles laws involving natural resources, pollution, land use, energy, and environmental compliance. Clients may include businesses, property owners, government agencies, municipalities, and advocacy organizations.
A regulatory attorney helps clients comply with rules issued by government agencies. Regulatory practice is common in industries such as health care, banking, energy, transportation, telecommunications, and financial services.
What Are the Main Types of Legal Work?
Attorney specialties can also be grouped by the type of work the attorney performs.
Litigation Attorneys
Litigators represent clients in disputes, lawsuits, hearings, and trials. They investigate claims, prepare legal arguments, negotiate settlements, take depositions, and present evidence.
Criminal defense attorneys, personal injury attorneys, employment litigators, and business litigators may all perform litigation work.
Transactional Attorneys
Transactional attorneys help clients complete agreements and other legal transactions without necessarily going to court. They draft and review contracts, structure deals, form companies, negotiate purchases, and advise clients about legal risks.
Business, real estate, estate planning, tax, and intellectual property attorneys often perform transactional work.
Government Attorneys
Government attorneys work for federal, state, or local agencies. Their titles may include:
- Prosecutor
- Public defender
- Agency counsel
- Regulatory counsel
- Attorney general staff lawyer
Government attorneys may write regulations, enforce laws, advise public officials, or represent a government agency in court.
Public-Interest Attorneys
Public-interest attorneys represent individuals or groups whose legal needs may otherwise go unmet. Their work may involve civil rights, housing, consumer protection, immigration, disability rights, or access to public benefits.
General Practice Attorneys
General practice attorneys handle several types of legal matters instead of focusing on one specialty. A general practice lawyer may assist with wills, real estate, family matters, traffic violations, contracts, and other common legal needs.
How Do You Choose the Right Type of Attorney?
Choose an attorney based on the specific legal problem, not only the attorney's general title.
- Identify the legal issue. An arrest calls for a criminal defense attorney, while a divorce calls for a family law attorney.
- Check relevant experience. Ask how often the attorney handles cases like yours.
- Confirm licensing. Attorneys generally must be licensed in the state or jurisdiction where they practice. Requirements vary by jurisdiction.
- Ask how the matter will be handled. A trial-focused attorney may be appropriate for a contested lawsuit. A transactional attorney may be a better fit for contracts or business planning.
- Review fees and billing. Common arrangements include hourly billing, flat fees, retainers, and contingency fees.
- Ask about formal specialization. Some states have lawyer specialization programs, but an experienced attorney is not necessarily certified as a specialist. The American Bar Association recommends asking about an attorney's case volume and practice concentration.
Attorney, Lawyer, Counsel, and Attorney-in-Fact: What Is the Difference?
- Attorney or lawyer: A person authorized to practice law.
- Counsel: Another term for a lawyer, often used in professional or business settings.
- General counsel: The senior lawyer for a company or organization.
- Trial attorney: A lawyer who handles courtroom litigation.
- Attorney-in-fact: A person authorized to act for someone under a power of attorney. An attorney-in-fact does not have to be a lawyer.
The right attorney depends on the legal issue, the jurisdiction, and the type of help you need, such as advice, document preparation, negotiation, or courtroom representation.