Prosecutors and attorneys can both operate in the legal sector but have different roles. This article explores the main differences. 

A prosecutor and an attorney are the official names of individuals fully licensed to practice law in a particular jurisdiction. However, while both types of professionals can practice law, the two have key differences.

What Is An Attorney?

The term attorney is derived from the French language and literally means an individual who acts on behalf of another as an agent or deputy. If an individual has legal capacity to act on behalf of another, they are referred to as an attorney-in-fact.

An attorney-in-fact is not required to attend law school and does not require any form of legal training. For instance, you might be the attorney-in-fact of your spouse if you are required to make medical decisions for them.

However, many states across the US refer to individuals licensed to practice law as attorneys. As such, an attorney could also refer to a defense lawyer or a criminal defense lawyer.

A lawyer is considered to be anyone who has attended law school and has the legal ability to practice law. This can also include anyone who is trained and can provide legal advice. A lawyer becomes an attorney-at-law when they have passed the bar exam and are legally licensed to practice law in a specific state.

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What Is A Prosecutor?

A prosecutor is a legal officer who will either represent the federal or state government during a legal proceeding where there are criminal charges. Similar to a criminal defense lawyer, a prosecutor has full legal training, but they will not represent clients. Instead, their client is the government.

In some cases, the chief prosecutor may also be referred to as the “district attorney.”

In federal cases, there may also be a “special prosecutor” appointed. Generally, this is an attorney sourced from outside the government to investigate the government for misconduct.

What’s The Difference Between A Prosecutor And An Attorney
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What’s The Difference Between A Prosecutor And An Attorney?

The main difference between the two is that a defense attorney and a prosecutor or prosecuting attorney are on opposite sides during a trial. The Prosecutors will be responsible for prosecuting the crime that the accused are being tried for. In contrast, a criminal defense lawyer or attorney will do the opposite. They will work to provide enough evidence to defend their client who has been accused of criminal charges. Their purpose is to show evidence that the client did not commit the crime or potentially find ways to reduce the punishment.

What Are The Goals of A Prosecutor And Attorney?

The main aim of a prosecutor is to charge the accused with a specific crime or multiple crimes that they have been accused of committing. They must show beyond a reasonable doubt that a client is guilty.

In contrast, the defense attorney needs to defend their clients against criminal charges. The client will always be considered innocent until proven guilty.

What Are The Goals of A Prosecutor And Attorney
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What Is The Job Description Of A Prosecutor?

A prosecutor’s role is to represent the interest of public safety. They work to prove that an individual has committed a crime and deserves punishment. 

The prosecutor may be required to enter a plea before proceeding to trial. They also offer a plea so that the defendant is convicted of a lesser charge. 

During criminal prosecutions, a prosecutor’s office must provide evidence in court. They will also need to interview and prepare witnesses to testify. Many prosecutors spend considerable time preparing their opening and closing statements while also expecting a cross-examination. 

What Is The Job Description Of An Attorney?

From arraignment to sentencing, a criminal defense attorney represents the interests of the client in all legal proceedings. Their purpose is to ensure that the clients' constitutional rights are not violated and that they avoid incriminating themselves during a criminal case. 

If a please is offered before trial, then defense attorneys will need to decide whether it is worth taking. Usually, prosecutors and defense attorneys will try to gain the upper hand during the plea phase, often before a case reaches court. 

When deciding whether to take a plea, the defense lawyer will need to think about the client's best interests as well as whether a jury is likely to convict. 

If a client is found guilty during a court proceeding then a defense lawyer may decide to appeal the decision in the interest of justice. The prosecution also has the right to appeal a decision by the court. 

Workload of Attorney and Lawyer
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What Is The Workload?

Finally, both prosecutors and defense attorneys have considerable workloads. This will differ for defense lawyers depending on whether they choose to work for a public defender’s office or for private practice. Defense lawyers will also find that their salary differs depending on which law firm they choose to work for. In contrast, a prosecutor's salary will often be dependent on what level they work at.

Litigation is a common legal term used in a personal injury case. Litigation typically refers to a lawsuit or other legal proceeding. It can also refer to the case and expenses associated with a lawsuit, such as attorneys’ fees.

As an injured victim in an auto accident, you may receive compensation through a personal injury claim.

As part of this process, you may need to go to court to resolve the issue. This is referred to as litigation.

What should I expect if my case goes to litigation?

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Our attorneys at our law firm can advise you on how to prepare for any future trial. Your attorney will generally prepare the documents for the civil courts and file the case with the proper civil courts in the municipality where you suffered injuries.

The aforementioned period provides the parties at fault with the possibility of receiving and responding.

The parties may pursue negotiations to settle the dispute and then investigate the situation. If a settlement does not occur, it's time to go to court and present a persuasive argument.

Do you need an attorney for financial recovery?

Many people choose to make an auto accident claim or seek a personal injury recovery for the injuries. It has many advantages over being represented by a lawyer. This is especially true for litigating cases.

You don't want to represent yourself before the judge or jury in civil cases. The other benefits of retaining a legal representative at your side in settling a claim and/or bringing a lawsuit to trial include:

When is litigation necessary in a personal injury case?

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Almost every injury case settles on its own without going to trial. In some instances, however, the parties involved are likely required to file a suit against you if you have suffered an accident or other damage.

Often these trials are not even tried. Sometimes they settle before they can appear before judges or juries. Litigation in personal injuries is common but not usually. Those reasons were:

How does litigation differ from the negotiation process?

Before you go to litigation, you will negotiate with the insurer and defendant's attorneys. The defendant's attorneys may make offers that you may then refuse by giving you counteroffers.

Essentially, in the negotiation process, you may accept or reject an agreement. Throughout the litigation, an unbiased jury can determine the outcome and what compensation you receive.

Can Litigation make my case take longer to resolve?

Litigation in a Personal Injury Case
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There are several reasons why litigation might slow down a case’s resolution. Litigation can involve multiple rounds of documents, hearings, and/or trials.

If the case goes to trial, then the trial can last for several weeks or even months.

Also, since discovery must be conducted during a case, it might take some time for the attorneys to codetermine what information they need from the opposing party to conduct a thorough investigation.

Litigation is also expensive, time-consuming, and stressful for all parties involved.

As a result, it may take longer to resolve a case once litigation begins than it would without litigation.

On the other hand, litigation may be the only way to resolve a matter early or to protect your interest in a court of law.

Will litigation cost more than negotiations?

Litigation can be expensive. Because litigation sometimes takes months or years to resolve. Lawyers' fees and legal fees can quickly be added during this time.

However, if your attorney works in contingency terms you won't pay it unless he wins the case for damages.

Why should a personal injury case end up in litigation?

The personal injury case should always end up in litigation if the plaintiff is not satisfied with the settlement. It is important to note that you have a limited time to make a claim for a personal injury.

Some people may be tempted to settle their cases outside of court, as they don't want to deal with the stress.

But it's important to know that this is often a mistake because you can't get back any of your settlement if you decide later that it wasn't enough money or if you change your mind about how much the insurance company should pay out.

Is litigation the same as a settlement?

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Litigation and settlement are two words that are often used interchangeably. However, they are not the same thing. Litigation is defined as a formal process of resolving legal disputes in a court of law. Settlement is defined as the agreement to end a dispute or make an issue go away.

The difference between litigation and settlement is that litigation is a formal process in which one party brings an action against another party who defends themselves with the help of their lawyer, while settlement is an agreement to end a dispute or make an issue go away.

Are you a Residential Landowner, Landlord, or Property Management Company? Are you compliant with the most up-to-date Fair Housing Regulations? If not, it could cost you $450,000.00.

Recently, a settlement was entered concerning an alleged violation of the Fair Housing Act. This settlement outlines a major area of liability for landlords.


If you wish for me to detail what the settlement entailed, review your policies and procedures, what changes you should or could be making, and create updated policies concerning the major points, please let me know, and I will start to work on it for you.

Fair Housing Regulations
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It is commonplace for businesses to include a "No-Hire" or "Non-Solicitation" provision in its agreement with another business.

However, the Pennsylvania Supreme Court has held that a contractual no-hire or "non poach" provision in a contract between businesses is not enforceable under the laws of the Commonwealth of Pennsylvania. Pittsburgh Systems, Inc. v. Beemac Trucking, et. al., case no. 31 WAP 2019.

The Supreme Court of Pennsylvania held that the no-hire or no-poach provision was a restraint on trade because the two commercial entities agreed to limit competition in the labor market by promising to restrict the employment mobility of business employees. The Court reasoned that while a business has a legitimate interest in preventing its business partners from poaching its employees, who had developed specialized knowledge and expertise in the logistics industry during their training a "no-hire provision is both greater than needed to protect the business interest and created a probability of harm to the public.

The Court also held that the anti-poaching provision must be carefully examined and not overbroad.

So what can you include in your agreement? How can you protect yourself? What provisions are actually enforceable?

This article was originally posted by Fiore & Barber LLC.


What is a non-disparagement clause and if one is included in an employment contract can it be enforceable?

A non-disparagement is a clause which specifically enjoins a departing employee from making any statements that could possibly either harm the employer's reputation, goodwill or malign the owner. A Non-disparagement clause is different from a non-disclosure clause.

This distinction was made clear in Savage v. Township of Neptune No. A-1415-20 (App. Div. May. 31, 2022).

This anticipated ruling came after the March 18, 2019 amendment to the New Jersey Law Against Discrimination ("NJLAD") preventing the enforcement of non-disclosure agreements in employment contracts and settlement agreements. In Savage v. Neptune, the New Jersey Appellate Division has now made clear that non-disparagement provisions are not included within the prohibition against non-disclosure provisions in employment contracts and settlement agreements.

The Appellate Division's ruling preserves an employer's ability to include non-disparagement provisions in employment contracts and settlement agreements and enforce them against breaching current or former employees. When drafting employment or settlement agreements, employers should consult with capable legal counsel about strategies to ensure the enforceability of any non-disparagement provisions contained in those contracts.

The Pennsylvania Department of Labor and Industry promulgated a new overtime regulation that will take effect on August 5. At first glance, the rule appears to merely prohibit the "fluctuating workweek" method of calculating overtime for salaried nonexempt employees. In fact, the rule radically changes the overtime calculations for all nonexempt employees – including those paid on an hourly basis. Pennsylvania will now be a complete outlier (even more complicated than California!) with overtime premiums exceeding three times the amount owed under the FLSA.

If you have any questions, concerns or are in violation, please do not hesitate to contact Fiore & Barber, LLC

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If you are involved in a car accident, it can be difficult to know what you should do next. Car accident victims are often confused and disorientated after the event. It could be several days before you start to think about seeking compensation for a car accident that wasn’t your fault.

You might not know when you should hire a car accident attorney.

You can hire a car accident lawyer at any point from when you start an insurance claim to pursuing an injury lawsuit.

What’s The First Step?

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If you do want to seek compensation for a car accident, you must file a claim with either your insurance provider or the insurance company or the other driver.

You are not legally required to hire a lawyer to speak to insurance companies but you can. Car accident lawyers will be able to help ensure that you explore different options and assess the losses that you have experienced. They will examine your insurance coverage as well as the insurance of the other driver. You can get a free consultation to discuss your options here.

What If There’s An Issue With Insurance?

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There are numerous issues that you can encounter when making an insurance claim after a car accident. It’s possible that the driver was uninsured or that their policy doesn’t cover your losses. This could be the case if you have severe car accident injuries and expensive medical bills to pay. Medical expenses for a car accident can be thousands.

You could find that your own insurance company is not going to cover your full losses. You should consider pursuing a personal injury claim for your car accident.

You should also consider taking this step if you believe that your insurance company is not providing a fair amount for the losses that you have endured.

Why Do You Need A Lawyer For A Personal Injury Claim?

If you’re pursuing a personal injury lawsuit after a car accident, you will need the right support from an experienced car accident attorney.

A personal injury lawyer will inform you that for your car accident case to be successful, numerous pieces need to fall into place.

You will need to show that you have experienced either economic or non-economic losses as a result of the car accident. This can include a medical diagnosis or any treatments required. You must also demonstrate that the other driver was at fault.

As well as investigating your car, an experienced personal injury attorney will accumulate evidence to prove that this is the case. Most car accident claims are handled by an insurance company or settled outside of court. However, there is every possibility that your car could end up in a courtroom.

When Will Another Driver Be At Fault During A Motor Vehicle Accident?

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Photo Credit: (Source: Pixabay).

There are various situations where another driver will be found at fault during a car accident lawsuit. Medical records could show that the driver was operating under the influence of alcohol or drugs. In a minor car crash, witnesses might claim the driver made a mistake on the road. Or, another witness could suggest that the driver was distracted. An experienced lawyer will discuss these possibilities when investigating the cause of an accident for you. 

Why Should You Always Speak To An Auto Accident Attorney?

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Photo Credit: (Source: Pixabay).

After a car accident, you may decide that you don’t need a car accident lawyer. If you don’t feel as though you have suffered from any injuries or losses. However, serious injuries can take several days or even a week to fully emerge. A car accident could leave you with chronic pain or a long-term injury that will result in future medical bills. 

If this does happen, then it’s important that you receive fair compensation and a fair settlement. If you are likely to experience significant losses such as lost wages due to personal injuries that were caused by the other driver’s negligence. 

Personal injury cases like this are tricky to win without the support of the right professional. That’s why if you do decide to make a legal claim, you need to consult with a car accident lawyer. At the very least, they will be able to guide you through the claims process. 

We hope this helps you understand when you should hire an attorney after a car accident. Remember, if you do decide to make a car accident claim, it’s important to approach it the right way. Insurance companies must always be your first point of contact, but your next phone call should be to one of the best personal injury attorneys. 

Child support is there to ensure that both parents support their child financially regardless of their relationship. Whether a couple remains friendly or moves far apart from each other, both parents have a duty to provide for their child. But what exactly does child support cover and who decides what the funds are used for?

What does child support cover?

Child support covers a number of needs.

Basic Needs

Basic needs include everything that a child would need on a day to day basis. Child support can be used to cover necessities such as:

  • Housing-related costs to ensure that the child has a safe place to stay. This can include rent payments for a home but it can also include mortgage payments.
  • Food and clothing costs to ensure that the child is well-fed and has well-fitting clothes for daily use and school.
  • Transportation expenses such as car payments and fuel, public transport costs, and also transportation costs for visiting friends, family members, and various activities.

Child Care

There are times where a parent may need to rely on child care services to look after their child. For instance, a parent that must work to provide for their child may need to hire a babysitter or keep their child in a care facility until they are able to finish work.

These costs will be taken into consideration when calculating the amount of child support. Factors such as how much each parent earns and how much time is spent with the child will also be factored in.

School tuition and related expenses

The custodial parent can decide how to best use child support to pay for tuition and school-related expenses. This can include stationery supplies, books, field trips, and even electronic devices for the purpose of education. Child support can also be used for tuition fees for private schools.

While the age of majority is 18 in most states, a parent may still be obligated to pay child support throughout their post-secondary education. Courts may consider factors like the parent’s expectations for the child, the combined financial circumstances of both parents, and if there are alternative sources of funding to provide for the child.

Related expenses may also include tutoring fees, summer camp costs, uniform and instrument costs, and extracurricular events and activities.

Medical expenses

Most child support orders include a requirement for both parents to pay a certain amount towards medical expenses. However, these calculations typically don’t include extra costs such as hospital visits and equipment such as braces. Many of these extraordinary costs are paid for by the custodial parent.

For medical insurance, courts and child support agencies will examine each parent’s situation to see which can obtain quality health insurance for their child. The cost of this health insurance will be taken into consideration. However, if the child receives state-sponsored medical insurance, then the courts will not include health insurance as part of the child support calculations.

Custodial parents decide how the funds are used

It’s worth mentioning that although both parents can communicate on how to use child support funds, the custodial parent has the responsibility of choosing how to use them to provide for the child’s needs.

If a parent objects to how the funds are used, it must first be proved by the objecting parent. Since this is a difficult task, these situations typically only arise when there is a gross misuse of the child support funds. This will prompt a child welfare investigation before leading to further action. However, most courts and child support agencies will not offer assistance if there is a simple disagreement or argument between parents on how the money is spent.

To conclude, child support funds should always cover expenses that are in the best interests of the child and not the parent. Children have the right to have both parents sponsor them and both parents can have a say in how the funds are spent. However, if there are disagreements over how the custodial parent is using the child support funds, then a case can be raised.

Contact Fiore & Barber for more information

If you’d like to learn more about child support or are concerned about the welfare of your child, don’t hesitate to contact Fiore & Barber today for more information. If you suspect that the custodial parent isn’t meeting your child’s basic needs, then it’s important to take action immediately so that the issue can be solved.

From the Pennsylvania Department of Labor & Industry:

PA Dept of Labor Industry

With the introduction of the new Pennsylvania Unemployment Compensation System, employers may be searching for a way to report refusals of work. The system does not currently have a designated area where employers can easily make these reports.

Employers are encouraged to continue to use the UC-1921W Online Form. This form can be submitted directly through the PA UC website, or employers can email completed forms to RefusalofWork@pa.govPlease only use one method and do not send multiple reports for the same incident.

A refusal of suitable work issue arises under the following circumstances:

  • An employer offers work to an individual who is NOT already employed by the employer, and the individual refuses the offer.
  • An employee refuses a recall to work after an indefinite lay-off from the employer.
  • An individual discourages being hired, during the interview process.
  • PA CareerLink® refers an individual to an employer and the individual refuses or fails to report for the interview.

Employers should NOT report the following issues using the UC-1921W Online Form:

  • Call-offs/Absent Hours/PTO/Limited Availability
  • No-Show for Shifts
  • Voluntary Quits or Discharges
  • Declined assignments if the individual is still considered employed by the agency
  • Reasonable Assurance for School Claims
  • Any other potential issues involving a current employee or an individual considered, by the employer, to still be employed

So you have represented yourself and a Magisterial District Judgment has been entered again. What do you do? An appeal from a Magisterial District Judge is made to the Court of Common Pleas. The form used to file such an appeal is universal for the Commonwealth of Pennsylvania. The form can be found here.

notice of appeal from magisterial district judge judgment

The form must be completed and filed with the Court of Common Pleas of the County in which the Magisterial District Court Judgment is entered. Once the form is filed, you must serve the filed form on the Plaintiff and the Magisterial District Judge where the judgment was entered. If you are the Plaintiff and you appealed, you must then file a Complaint. If you were the Defendant or one of the Defendants, the burden then shifts to the other party, the other party must file a Complaint.  

Failure to adhere to the strict civil procedural requirements of the law can have a negative effect on your case and even result in your case being dismissed or terminated. Make your next move, your best move and seek a consultation with an attorney at the Law Offices of Fiore & Barber, LLC.