A Plain-English Glossary of Legal Terms
Legal jargon can make a simple situation feel intimidating and can hide what you are really paying for. This glossary explains the terms Brooklyn consumers most often encounter when hiring and working with a lawyer, in plain language. Keep it open during consultations.
Fee and Billing Terms
- Retainer: Money paid up front that a lawyer draws against as they work. Ask whether unused amounts are refundable.
- Contingency fee: A fee paid as a percentage of what you recover, with nothing owed if you lose. Common in injury cases.
- Flat fee: A single set price for a defined service, such as a simple will.
- Billable hour: The unit lawyers use to charge for time, often divided into fractions of an hour.
- Disbursements or costs: Out-of-pocket expenses separate from the fee, like filing fees and record charges.
For deeper detail, see our legal fees guide.
People in the Process
- Attorney or counsel: A licensed lawyer who represents you.
- Paralegal: A trained legal staffer who assists the attorney, usually at a lower billing rate.
- Plaintiff: The party who brings a lawsuit.
- Defendant: The party being sued or charged.
- Pro se: Representing yourself without a lawyer.
Court and Case Terms
- Complaint: The document that starts a lawsuit by stating the claims.
- Discovery: The phase where each side exchanges information and evidence.
- Settlement: An agreement that resolves a dispute without a full trial, often cheaper and faster.
- Mediation: A process where a neutral person helps both sides reach agreement.
- Hearing: A proceeding before a judge to decide an issue or the whole matter.
- Jurisdiction: The authority of a particular court to hear your type of case.
Documents You May See
- Engagement or fee agreement: The written contract setting out what the lawyer will do and how you will be charged.
- Power of attorney: A document letting someone act on your behalf.
- Affidavit: A written statement made under oath.
- Subpoena: An order to provide documents or testimony.
Helpful Concepts
- Attorney-client privilege: The protection that keeps your communications with your lawyer confidential.
- Limited-scope representation: Hiring a lawyer for only part of a matter to save money.
- Statute of limitations: The deadline for bringing a legal claim.
- Good standing: Confirmation that a lawyer is properly licensed and not under discipline.
Ask When in Doubt
If a lawyer uses a term you do not understand, ask them to explain it. A good attorney translates jargon into plain English without making you feel small. Pair this glossary with our questions to ask page during any consultation.