Legal Practice Areas Explained

Although law students learn about almost every legal area in law school, an attorney typically only focuses on one or two legal practice areas during their legal career. This allows the attorney or law firm to give clients the best legal representation in their chosen area.

There are a few general legal areas, such as criminal law, civil law, and family law. Within those areas are many subcategories and specializations. When clients need an attorney, they should look for an attorney with experience in the specialization they need.

Keep reading for a primer on the different legal practice areas and common subcategories. For a full list of each area of law, see FindLaw’s Practice Area Directory.

What Is a Legal Practice Area?

A legal practice area is the category or subcategory of law that an attorney practices. Some of the primary categories of law are:

• Criminal Law
• Civil Law
• Family Law
• Business and Corporate Law

Practice areas have subcategories. For example, personal injury law and product liability law fall under civil law. DUI defense falls under criminal law. Family law covers adoptions, divorces, and guardianship.

Some attorneys specialize even further, like personal injury attorneys who focus on motorcycle accidents.

State laws and the American Bar Association (ABA) regulate how an attorney practices or specializes in various categories. Some states require attorneys to get certified or complete additional courses with the bar before they can call themselves specialists or certified in a particular field.

Criminal Law Practice Area

Criminal law involves the prosecution, defense, sentencing, and incarceration of individuals charged with violations of federal or state penal codes. Criminal prosecutors work for the state or federal government, while criminal defense attorneys are usually in private practice. An exception is the public defender’s office, which defends indigent clients.

Any legal problem involving the justice system may need the services of a criminal law attorney.

Other types of law may fall into the criminal law orbit if the offenders have committed a serious offense, including:

• Environmental law
• Civil rights law
• Human rights violations

These cases may result in fines rather than incarceration. If the charges are criminal, they are brought in criminal courts. Violations of environmental or civil rights laws are often federal crimes and are filed in federal court.

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Questions To Ask a Criminal Law Attorney

If you are looking for legal representation in a criminal matter, your liberty and maybe your life could be on the line. Be willing to be inquisitive! As the legal matter you’re involved with might have a major effect on both your life and the lives of those you love, take time to talk to the attorney about all your concerns.

Some of the questions about criminal cases you may ask include:

• How many criminal cases has the attorney handled before? How many have gone to trial? What is their success rate of acquittal vs. conviction?
• Which judges have they appeared before? Do they have a good relationship with the judges, clerks, and paralegals?
• Do they plead out these types of cases? What is usually included with probation in these cases?
• Will they charge a flat fee or an hourly rate? Will they require a retainer to take the case?
• What is the probable outcome of the case? What is the maximum sentence?

Your criminal lawyer should have experience with your specific criminal charge. Many attorneys in private practice specialize in DUI/DWI or misdemeanors. If you’re facing a felony, the attorney needs to know this right away. Not all lawyers can handle felony cases.

Capital Crimes: When a defendant is charged with a capital offense, which means the death penalty is a possible sentence, the American Bar Association (ABA) requires the attorney to meet certain standards for representation. Not all states still have the death penalty. Defendants should obtain legal aid to select their attorney in these matters.

Civil Law Practice Areas

Civil law, or tort law, involves disputes between people and organizations. Almost everything that is not criminal law falls under civil law. When you need legal advice in one of the areas listed below, specify the nature of your dispute and your problem with the other party.

Some of the common civil practice areas are discussed in more detail below.

Personal Injury Law

Personal injury lawyers may be the best-known type of attorney. Personal injury cases cover more legal territory than almost any other practice except business law. A personal injury attorney may take cases involving:

• Medical malpractice and health law violations
• Negligence torts
• Slip and fall injuries
• Car accidents
• Workers’ compensation claims
• Wrongful death

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Product Liability Law

Product liability attorneys advocate for consumers injured by defective or dangerous products. They help their clients pursue compensation from the parties responsible for their injury or illness. Product liability attorneys may also represent the manufacturer, distributor, or retailer in a lawsuit.

In general, product liability claims cover:

• Defective products
• Dangerous drugs and medical devices
• Toxic or hazardous consumer products
• Breach of warranty

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Family Law

Family law practice is an extensive practice area. Legal services provided by family law practitioners include:

• Prenuptial and postnuptial agreements
• Divorce and legal separation
• Child custody and child support
• Parenting plans, visitation, paternity, and reproductive rights
• Adoption
• Court order modification

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Bankruptcy Law

Any attorney may request permission to appear in U.S. Bankruptcy Court, but representing a client in bankruptcy court requires a thorough knowledge of the U.S. Bankruptcy Code. The legal issues facing someone filing bankruptcy go beyond understanding the allowable deductions and which debts may be discharged.

Anyone contemplating bankruptcy, whether for business or personal reasons, should carefully research to find the most experienced attorney in their area.

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Business Law and Corporate Law

Business and corporate law covers a range of business-related laws and regulations. Business law attorneys work for everyone, from small business owners to government agencies. Some subcategories of business law include:

• Administrative law
• Contract law
• Corporate formation and start-ups
• Tax law
• Finance law
• Intellectual property law
• Patent Law
• Securities Law

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Employment Law

Employment attorneys may either work for the company as in-house counsel or for employees in the private sector. Employment attorneys representing business owners help keep companies in compliance with labor laws and workplace regulations. Attorneys representing workers assist with workplace harassment or discrimination and wrongful termination claims.

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Real Estate Law

People may need a real estate attorney if they discover an issue with the deed to their property. Whenever legal documents change hands, an attorney reviews them and ensures everything is correct. Real estate attorneys handle:

• Foreclosures
• Evictions
• Title searches
• Land grants
• Land use regulations

If the land contains natural resources or borders any federal land, environmental lawyers may be involved.

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Immigration Law

Immigration lawyers work with businesses that sponsor foreign workers and immigrants seeking visas or temporary work cards. Some attorneys assist government agencies that screen detained immigrants seeking asylum or naturalization. Because of the changing laws on both sides of the border, immigration lawyers are in constant demand.

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Questions To Ask a Civil Law Attorney

With the wide range of civil law specialties, you should narrow your search by your location, the type of case you have, and the issue within your case. For instance, not all family law attorneys handle every type of family law case. Some specialize in a single type of case, such as adoption or divorce.

Lawyer referral services can help narrow your search to the specific attorney for your legal needs. Your state bar association can help you with this. You can also use FindLaw’s Attorney Directory.

When you find your attorney, bring all information relevant to your case. Be prepared to ask some or all of these questions:

• How long have you practiced this type of law?

• Will you do the legal work yourself, or will your office staff handle the paperwork? Your case may be handed off to an associate or paralegal in a large office, so be sure you know who is managing your case.
• Are you familiar with civil litigation? What percentage of your cases go to court? Even in business or corporate law, cases may go to trial. Ask if this attorney can manage a trial case, or if you might need another attorney if things break down.
• What is your standard fee agreement? Personal injury attorneys usually work on contingency fees. Other attorneys may have hourly rates and retainer fees. Always ask if they are negotiable, particularly if your case is likely to be shorter or longer than their usual case.

Do not hesitate to ask your attorney to explain legal jargon or confusing terms in a contract or agreement, including the one you sign with them. Legal professionals have the same responsibilities as everyone else to keep things simple.

Additional Legal Specializations

The practice areas discussed above are only a snapshot of what lawyers handle today. The legal profession has expanded to accommodate any particular area that needs legal interpretation and advocacy. Many of these branches straddle the gaps between two other areas.

For instance, tax lawyers may work in business law, bankruptcy law, and property law. International law regulates businesses, governments, immigration, and environmental law.

For a comprehensive list of legal areas, see FindLaw’s Legal Practice Area Directory. This page lists each practice area and includes links to more information.

Legal Advice on a Budget

Like other professionals, lawyers charge the going rate for their services in the area where they practice. The costs of law school and starting a legal career are quite substantial. However, attorneys realize that everyone needs legal assistance, and there are opportunities to get legal aid if necessary.

• Nonprofit legal aid services: Nonprofit legal aid services are often run by attorneys and funded by donations from local businesses. They may use means testing or other methods to ensure clients need help paying for an attorney.
• Low-cost/no-cost providers: Legal aid providers may offer assistance with completing and filing forms at courthouses or other community agencies. Attorneys may provide legal advice at these clinics.
• Pro bono work: State bar associations require attorneys to devote a number of hours to free or “pro bono” work each year. They may perform these hours at one of the nonprofit or low-cost clinics mentioned.

Ready To Find a Lawyer? FindLaw’s Directory Can Get You Started

Once you’ve identified which practice area covers your legal concern, you’re ready to find the right attorney to take your criminal or civil case. An experienced attorney who specializes in your legal issue can help you navigate the legal system and advocate for you throughout the process.

FIndLaw’s Attorney Directory can get you started. Enter your legal concern and location for a list of legal advisors near you. Because state law is relevant, your attorney should be licensed in the state where you live or the incident occurred. Many attorneys offer free case evaluations.