Choosing Your Path as a US Attorney: Defense vs. Prosecution

When considering a career as a US attorney, one of the first questions that often arises is whether you get to choose between becoming a defense attorney and a prosecuting attorney. The answer is a bit more complex than a simple ‘yes’ or ‘no’. Your choice often depends on several factors including your career path, the sector you work in, and your personal interests. This article explores the nuances of becoming a defense or prosecuting attorney in the United States and the role that your employer plays in this decision.

Career Path Choices

After obtaining a law degree and passing the bar exam, new attorneys typically have the opportunity to choose whether they want to specialize in defense or prosecution. This choice is influenced by several factors:

Career Path: You can either apply for a position as a defense attorney representing individuals accused of crimes or as a prosecuting attorney representing the government in criminal cases. Public vs. Private Sector: Defense attorneys often work in private practice, whereas prosecuting attorneys work in government offices such as district attorneys’ offices. Job Applications: During the job application process, candidates can specify their preference for the type of work they want to do. Training and Experience: Some attorneys may start in one role and switch to the other later in their careers based on their interests and experience.

In summary, while the decision can be influenced by the hiring practices of law firms or government agencies, individual attorneys usually have the opportunity to choose their career path based on their interests and goals.

The Roles of Prosecutors and Defense Attorneys

Prosecutors play a critical role in the United States justice system. They represent the government and are responsible for seeking justice by bringing charges against individuals accused of crimes. Defense attorneys, on the other hand, represent the defendant and work to defend their client’s rights and interests in the legal process.

Often, the choice of which role you work in is determined by where you are employed. In criminal cases, prosecutors work for the government, while defense attorneys work for the defendant. Civil cases do not involve prosecutors and defense attorneys typically work for the side they are hired to represent, whether it be the plaintiff or the defendant.

State Appointment and Mandatory Serve

It is important to note that in some cases, the state can appoint attorneys to represent someone even if they do not want to. This is particularly relevant during times of emergency or critical situations where the state needs to ensure that all parties have legal representation. For instance, if a state-appointed attorney is the only one available, they may be required to represent someone involuntarily.

Moreover, if you are an officer of the court, you may be required by law to represent your client, even if it goes against your personal beliefs or interests. This highlights the importance of professional ethics and the responsibilities that come with being an attorney.

Government Attorneys and Private Practice

As a US attorney, you can choose to work in the public sector as a government attorney or in the private sector. Government attorneys work for the government and typically represent the interests of the state, while private attorneys work for individuals or businesses and represent their interests in legal disputes.

It is also worth noting that while the government has the authority to prosecute, only those authorized by the government can do so. Private attorneys, however, can represent their clients in both criminal and civil cases, depending on the client's needs.

Conclusion

In conclusion, while your workplace, job application, and training can influence your choice between a defense or prosecuting attorney, the ultimate decision often falls to you. This choice is a critical part of your career and can greatly impact the path you choose to follow in the legal profession.

Whether you decide to be on the side of the prosecution or the defense, becoming a US attorney is a challenging and rewarding career path that requires dedication, skill, and a deep commitment to the legal system and the rights of all individuals involved.