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Legal Definitions - private attorney

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Definition of private attorney

A private attorney is a lawyer who works for themselves or for a law firm, rather than being employed by the government (such as a prosecutor, public defender, or government agency lawyer) or by a single corporation as in-house counsel. These attorneys offer their legal services to individual clients, businesses, or other organizations, typically for a fee, and represent their clients' interests in various legal matters.

Here are some examples illustrating the role of a private attorney:

  • Example 1: Personal Injury Claim
    After being involved in a slip-and-fall accident at a grocery store, Maria suffers a serious injury. She decides to pursue a claim against the store for negligence. Maria contacts a lawyer who specializes in personal injury cases and works at a local law firm. This lawyer, operating in private practice, agrees to represent Maria, negotiate with the store's insurance company, and potentially file a lawsuit on her behalf.

    This illustrates a private attorney because the lawyer is not employed by the government or the grocery store. Instead, they are an independent legal professional hired by Maria to advocate for her specific legal interests.

  • Example 2: Small Business Contract Review
    A small tech startup, "Innovate Solutions," is about to sign a major partnership agreement with a larger corporation. To ensure their interests are protected and to understand all the legal implications, the CEO of Innovate Solutions hires an attorney from a business law firm to review the contract, suggest revisions, and advise them on potential risks. This attorney charges the startup an hourly fee for their services.

    This demonstrates a private attorney because the lawyer works for a private firm and provides specialized legal advice to a business client, rather than being an employee of Innovate Solutions or a government entity.

  • Example 3: Estate Planning
    John and Sarah, a married couple, want to create a will, establish trusts for their children, and plan their estate to ensure their assets are distributed according to their wishes after their passing. They consult with an attorney who specializes in estate planning and works at a private law office. The attorney drafts the necessary legal documents and provides guidance on inheritance laws and tax implications.

    This shows a private attorney because the lawyer is an independent practitioner or part of a private firm, offering specialized legal services to individuals for their personal estate matters, rather than working for the state or a corporation.

Simple Definition

A private attorney is a lawyer who practices law independently or as part of a private law firm, rather than working for the government or a public agency. They represent individual clients, businesses, or other organizations, providing legal advice and services in exchange for a fee.

You win some, you lose some, and some you just bill by the hour.

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