A Plain-English Glossary of Legal Terms
Legal jargon can make it hard to compare lawyers or understand your own case, and confusion can cost you money. This plain-English glossary explains the terms New York consumers run into most often. Use it as you read the rest of this site and as you talk with attorneys.
Fees and Money Terms
- Retainer: An up-front deposit you pay that the lawyer draws from as they work. Ask whether the unused portion is refundable.
- Contingency fee: A fee paid as a percentage of money recovered, with typically nothing owed if you do not win. Common in injury cases.
- Flat fee: A single set price for a defined service.
- Hourly rate: The amount a lawyer charges per hour of work, often billed in small increments.
- Costs (or disbursements): Expenses separate from the lawyer’s fee, such as court filing fees, records, and experts.
- Engagement letter: The written agreement describing how you will be charged and what the lawyer will do.
People and Roles
- Attorney / lawyer / counsel: Different words for a person licensed to practice law.
- Associate: A lawyer who works at a firm, often at a lower rate than a partner.
- Paralegal: A trained non-lawyer who assists with legal work, usually billed at a lower rate.
- Public defender: A lawyer provided to those who cannot afford one in a criminal case.
- Plaintiff: The party who starts a lawsuit. Defendant: The party being sued or charged.
Court and Process Terms
- Complaint / petition: The document that starts a case.
- Summons: An official notice that you are being sued or must appear in court.
- Litigation: The process of resolving a dispute through the courts.
- Settlement: An agreement that resolves a dispute without a full trial, often saving time and money.
- Mediation: A process where a neutral person helps both sides reach an agreement. Often cheaper than litigation.
- Arbitration: A private process where a neutral decision-maker resolves a dispute.
- Hearing: A proceeding before a judge on a specific issue.
Useful Concepts
- Attorney-client privilege: The rule that keeps your communications with your lawyer confidential.
- Limited-scope (unbundled) services: Hiring a lawyer for only part of a matter to save money.
- Statute of limitations: The deadline for starting a legal action. Missing it can end your case, so ask early.
- Pro bono: Legal work done for free, often through legal aid programs.
Understanding these terms helps you ask sharper questions and compare lawyers on equal footing. For the practical next steps, see our questions to ask and hiring checklist.