Legal terms, explained like a friend would.

A

Affidavit

A written statement made under oath. Often used as evidence in court when a witness can't appear in person. If you sign one, you're swearing the contents are true under penalty of perjury.

Alimony / Spousal Support

Money one ex-spouse pays the other after a divorce. Different states use different names but the idea is the same. Amount and duration depend on length of marriage, income gap, and state law.

Arraignment

Your first court appearance after being charged with a crime. The judge reads the charges, you enter a plea, and bail is set. You are entitled to a lawyer at this stage.

Attorney-Client Privilege

The rule that protects what you tell your lawyer from being disclosed to anyone else, including the police and the court. The privilege is yours, not the lawyer's. It survives even after the case ends.

B

Bar (State Bar)

The body that licenses lawyers in each state. Lawyers must pass the bar exam and keep their license in good standing. You can look up any lawyer's bar status for free on the state bar's public website.

Billable Hour

Time a lawyer spends on your case that they bill you for. Usually broken into 6-minute or 15-minute increments. A 6-minute call is typically 0.1 of an hour; a 15-minute one is 0.25.

Breach of Contract

When one party doesn't do what they agreed to do in a contract. The non-breaching party can usually sue for damages or to force performance.

Brief

A written legal argument filed with a court. Despite the name, briefs are rarely brief — they routinely run 25-50 pages.

C

Chapter 13 Bankruptcy

Bankruptcy with a 3-5 year repayment plan instead of debt elimination. Used when you have income and want to keep assets like a house with mortgage arrears.

Chapter 7 Bankruptcy

The kind of bankruptcy that wipes out most unsecured debt (credit cards, medical bills) in 4-6 months. Requires passing a means test based on your income.

Class Action

A lawsuit brought by one person on behalf of many people who have the same complaint against the same defendant. Common in consumer protection, employment, and securities cases.

Complaint

The legal document that starts a lawsuit. The person filing it (the plaintiff) describes what happened and what they want the court to do.

Contingency Fee

The lawyer is paid a percentage of what you recover, not by the hour. If you lose, you pay nothing. Standard in personal injury and medical malpractice cases.

D

Damages

The money awarded to the winning party in a lawsuit. Compensatory damages cover actual losses; punitive damages punish the defendant.

Defendant

The person or company being sued (in a civil case) or charged with a crime (in a criminal case).

Deposition

A formal interview where a witness answers questions under oath, usually outside of court, with a court reporter present. The transcript can be used at trial.

Discovery

The pre-trial phase where each side requests documents and information from the other. Often the most expensive part of litigation.

DUI / DWI

Driving Under the Influence / Driving While Intoxicated. State-by-state names vary. Penalties depend on blood alcohol level, prior offenses, and whether anyone was hurt.

E

Engagement Letter

The written contract between you and your lawyer. It defines the scope of work, fee structure, and other terms. Read it carefully — it's the most important document in the relationship.

Estate Planning

The umbrella term for preparing your wishes about who gets your assets and decisions when you die or become incapacitated. Usually involves a will, possibly a trust, and powers of attorney.

F

Felony

A serious crime, usually punishable by more than one year in prison. Examples: aggravated assault, burglary, drug trafficking.

Filing Fee

The fee a court charges to accept a document. Separate from your lawyer's fees. Filing fees can be waived if you can't afford them.

Flat Fee

One price for a defined piece of legal work. Common for wills, LLC formation, simple immigration filings, and uncontested divorces.

Free Consultation

An initial meeting with a lawyer at no cost, typically 15-30 minutes. Used to evaluate your case, explain fees, and decide whether to work together.

H

Hourly Rate

The amount a lawyer charges per hour of work. Ranges from $150-$2,000+ depending on firm size, experience, and market.

I

Incorporation

The process of forming a corporation. Different from forming an LLC. Most consumer-facing small businesses are better off as LLCs.

Injunction

A court order requiring someone to do something or stop doing something. Used in cases where money damages aren't enough.

L

Litigation

The formal process of resolving a dispute through the courts. Starts with a complaint, includes discovery, and ends with a settlement, trial verdict, or appeal.

LLC

Limited Liability Company. A business structure that protects your personal assets if the business is sued. Cheaper and simpler than a corporation for most small businesses.

M

Malpractice

When a professional (lawyer, doctor, accountant) fails to meet the standard of care of their profession and causes harm. Medical malpractice and legal malpractice are the most common types.

Mediation

A non-binding process where a neutral third party helps two sides reach an agreement. Cheaper and faster than litigation. Often required before a court will hear certain cases (especially custody disputes).

Misdemeanor

A less serious crime, usually punishable by less than one year in jail. Examples: shoplifting, simple assault, first-offense DUI in many states.

Motion

A formal request to a court. Common motions include motion to dismiss, motion for summary judgment, and motion to compel discovery.

N

No-Fault Divorce

A divorce granted without proving either spouse did something wrong. Available in every US state. Usually requires only that the marriage is irretrievably broken.

Notary Public

A person authorized to verify identities and witness signatures on legal documents. Most banks have one. UPS Stores often do too.

P

Plaintiff

The person who starts a lawsuit. The defendant is the person being sued.

Pleadings

The written documents that lay out each side's claims and defenses in a lawsuit. The complaint and the answer are pleadings.

Power of Attorney

A document giving someone else legal authority to act on your behalf. Can be limited (specific tasks) or general (broad authority). Often part of estate planning.

Pro Bono

Latin for 'for the public good.' Free legal work done by lawyers, usually for people who can't afford a lawyer. Many state bars require their members to do a minimum amount of pro bono work each year.

Probate

The court process of distributing a deceased person's assets according to their will (or, if there's no will, according to state law). Trusts are often used to avoid probate.

R

Retainer

Money paid up front to a lawyer to secure their services. The lawyer bills against the retainer as work is done. Different from a contingency fee.

S

Settlement

An agreement that ends a lawsuit before trial. Most cases settle. Both sides agree on the terms; the court usually doesn't get involved.

Statute of Limitations

The deadline for filing a lawsuit or pressing criminal charges. Varies by claim type and state. Miss it and you usually lose your right to sue, regardless of the merits.

Subpoena

A court order requiring you to appear or to produce documents. Ignoring one can lead to contempt charges. If you receive one, talk to a lawyer.

Summary Judgment

A court ruling that decides a case without a trial because there's no genuine dispute about the facts. Common in business and contract litigation.

T

Tort

A civil wrong (other than breach of contract) that causes harm. Includes negligence, defamation, and intentional torts like assault. Personal injury cases are tort cases.

Trust

A legal arrangement where one person holds property for another's benefit. Often used to avoid probate, manage assets for minors, or reduce estate tax.

U

Uncontested Divorce

A divorce where both spouses agree on all the terms — property, custody, support. Faster and cheaper than a contested divorce.

V

Verdict

The decision of a jury (or judge in a bench trial) at the end of a trial.

Visa

A document allowing a foreign national to enter the US for a specific purpose (work, study, tourism, family). Different visa categories have different rules.

W

Will

A legal document that says who gets your assets when you die. Without one, state law decides. Cost: $200-$800 for a simple one. There's no good excuse to die without one.

Workers' Compensation

A state-mandated insurance system that pays workers injured on the job. Filing a workers' comp claim usually waives the right to sue the employer in court.