What is the difference between a trial lawyer and a defense attorney?

The main difference between a trial lawyer and a defense attorney when going to court in West Virginia, is the role they each play. A trial lawyer, also known as a prosecuting attorney, is responsible for arguing and presenting a case on behalf of the state or government, with the intention of proving the defendant guilty of the crime charged. Conversely, a defense attorney is hired by the accused and is responsible for defending the rights of their client, and presenting evidence and arguments in order to present the defendant in the most favourable light. In short, a trial lawyer is employed to prove guilt, and the defense attorney works to prove innocence. Depending on the nature of the case, the trial lawyer may also be responsible for cross examining the defense attorney’s witnesses and presenting rebuttal arguments. A trial lawyer is generally appointed by the state or government, and is paid by the state to carry out their duties. On the other hand, a defense attorney is hired by and paid for by the accused, and may be either a private attorney or an appointed public defender. In court, trial lawyers and defense attorneys are both expected to be knowledgeable of the law and experienced in the court process. They must have excellent communication and negotiation skills, and an understanding of both criminal proceedings and the rights of their clients. Although they may be adversaries in a courtroom, trial lawyers and defense attorneys must maintain a professional relationship as they work together to ensure justice is served.

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What is the difference between a trial lawyer and a defense attorney?

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