Choosing Between Civil and Criminal Law: A Guide For Aspiring Attorneys

The American legal system has two tracks: the civil and criminal courts. Both are essential for a well-functioning society, but they fulfill different roles. The attorneys who prosecute or negotiate these cases also have slightly different career trajectories, work environments, and soft skills. This guide will provide an overview of key considerations when choosing to specialize in civil or criminal law, so that you enter your law degree prepared to choose.

Difference Between Civil and Criminal Cases

There are many differences between civil and criminal legal cases, both in terms of outcomes and case preparation. 

A civil case is about proving liability, meaning that the defendant was fully or partially responsible for the original legal question. These cases require a preponderance of evidence; in other words, there must be enough evidence to suggest it is more likely than not that the defendant was responsible. The end goal of a civil case is monetary compensation rather than criminal punishment.

Criminal cases have a much higher burden of proof. A prosecutor must prove beyond a reasonable doubt that the defendant is guilty using as much evidence as possible. Here, the goal is to prosecute the defendant, such as by sentencing them to jail or forcing them to register as an offender.

Education and Work Experience

Both civil and criminal attorneys go to law school for a Juris Doctor (JD) degree. Each student will study the core curriculum, which covers tort, criminal, and constitutional law, providing a firm foundation in legal theory before they begin choosing their specializations.

In the later years of a JD, students take electives based on their specific interests, which can include criminal prosecution, civil rights law, or personal injury law. It's at this time that many students undertake internships with organizations that align with their intended career paths. 

Students may intern with a public defender, a prosecutor's office, a civil law firm, or even a human rights organization, depending on what's available in their area. Their university can help with intern placement and may have preferred associations. 

Every aspiring lawyer must take the same bar exam for their state. The majority of US states use the Uniform Bar Exam, which consists of multiple-choice, essay, and performance portions. 

The Multistate Performance Test (MPT) requires test-takers to examine a library of materials and complete a task, such as drafting a memorandum for a supervising attorney or a closing argument. The test-taker will not be aware in advance what type of task they will have to perform. 

In addition to the UBE, all lawyers must take the Multistate Professional Responsibility Examination, which tests their ethical obligations and ensures their practice aligns with the standards of good lawyering.

Most lawyers will join state or national associations for their chosen specialty, such as the National Association of Trial Lawyers. This provides them with the networking and continued education necessary to keep their license in good standing. 

Average Salary

According to the Bureau of Labor Statistics, the median annual wage for a lawyer in May 2024 was $151,160. However, a lawyer's salary depends heavily on the specialty they choose, as some fields are more lucrative than others. These are the average salary ranges for different specialties, sourced from databases such as the Bureau of Labor Statistics, Glassdoor, Indeed, and ZipRecruiter.

Prosecutor: $71,171

Public Defender:  $88,943 

Criminal Defense Lawyer: $97,777

Personal Injury Lawyer: $85,321

Family Lawyer: $107,680

Estate Planning Lawyer: $116,774 

Intellectual Property Lawyer: $199,306

Employment Lawyer: $162,402 

Corporate Lawyer: $212,775 

Contract Lawyer: $119,188 

Real Estate Lawyer: $140,845

Attorneys who open their own practice can make significantly more than this, and those with more experience may be able to secure higher pay. 

Work Environment and Job Satisfaction

Most lawyers handle complex cases that require strong attention to detail, excellent document management, and collaboration with other professionals. However, civil law tends to move more slowly, require more documentation, and involve significant time spent in pre-trial hearings such as discovery and negotiations. These attorneys may not have to go to court as frequently as their criminal trial colleagues, settling matters at the negotiation table.

Civil law can be very high-pressure, often involving million-dollar settlements. Certain areas of tort law, like personal injury, require managing difficult or distressing documents, like graphic details about sexual abuse or car crashes. Other areas require close attention to detail and a solid understanding of business, such as contract or tax law.

Criminal law is fast-paced and high-stakes. A prosecutor missing a key detail or a defense attorney failing to review all the documents could result in a mistrial, an unjust sentencing, or a future risk to society. This can result in burnout and depression, particularly in cases that receive significant media attention or involve particularly heinous crimes.

Necessary Soft Skills

Regardless of their specialty, lawyers must have attention to detail, critical thinking, strong communication skills, and good ethical judgment to succeed. Even small cases often require sifting through thousands of documents, coordinating among multiple parties, and ensuring that all documents are submitted on time.

Another key soft skill is good emotional control. While attorneys can certainly become emotionally invested in their cases and want to see justice prevail, they must be able to control themselves in the courtroom or during negotiations. 

Lastly, lawyers must be resilient. Not every case will succeed, even with the best possible preparation and a strong legal argument. Clients often come to attorneys with significant emotional baggage; the case details can cause moral outrage, helplessness, or despair. Good attorneys have a strong support system they can rely on and always remember their ultimate goal: making the world a better place through proper legal procedure. 

Career Advancement 

Many lawyers choose to continue practicing law for years or decades, but there are plenty of ways to advance in the system. Attorneys may choose to become judges after at least six years of experience and a residency. They may be appointed or elected, depending on the specific court, and may move to higher courts as they gain experience. Those aspiring to become judges must have political savvy and strong networking skills. 

Retired attorneys or judges may become court-appointed arbitrators or private mediators. These specialists help bridge the gap between plaintiffs and defendants during civil settlement negotiations, thereby avoiding the need to take a case to trial.

Civil litigators and defense attorneys can open their own practices, hire other lawyers, and take on more cases. This requires excellent business sense, a good track record of success, and a willingness to market. 

Is It Possible to Transition From Civil to Criminal Law?

Yes, it's possible to transition to another part of the legal system or choose a different career within the same system. There are different career paths within the criminal justice and civil legal systems; attorneys often collaborate with others in their field and may transition to different roles as their expertise grows. 

An attorney seeking to switch from civil to criminal law, or vice versa, will need additional training in their field, covering the nuances of these legal systems that were not covered in their degree. They may need to rely on their professional network to gain the necessary experience or find a mentor who can help them make the switch.

Law is a prestigious and fulfilling career, but it also comes with ethical standards and a responsibility to one's clients. Understanding the difference between these two tracks can help aspiring attorneys find the right path for their needs.