A Plain-English Glossary of Legal Terms

Legal conversations are full of jargon that can make a simple matter feel intimidating. This glossary translates the terms you are most likely to hear when hiring or working with a lawyer in New Jersey, so nothing slows you down. Keep it handy for your first consultation.

Fees and Hiring

• Retainer: An upfront deposit you pay before work begins; the lawyer bills against it as they work.
• Contingency fee: Payment based on a percentage of money recovered, common in injury cases; no recovery usually means no attorney fee.
• Flat fee: A single set price for a defined task, such as a simple will or closing.
• Billable hour: A unit of an attorney’s time charged to your matter, usually tracked in fractions of an hour.
• Engagement or fee agreement: The written contract describing the scope of work and how you will be charged.

People and Roles

• Attorney or counsel: A licensed lawyer authorized to represent you.
• Paralegal: A trained professional who assists the attorney, often 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 Process

• Litigation: The process of resolving a dispute through the court system.
• Complaint: The document that starts a lawsuit by stating the claims.
• Discovery: The pre-trial phase where each side exchanges information and evidence.
• Deposition: Sworn out-of-court testimony recorded for use in a case.
• Settlement: An agreement that resolves a dispute without a trial.
• Hearing: A proceeding before a judge to decide a specific issue.

Resolving Disputes

• Mediation: A voluntary process where a neutral third party helps the sides reach agreement.
• Arbitration: A private process where a neutral decision-maker resolves the dispute, sometimes binding.
• Damages: Money awarded to compensate for a loss or injury.

Common Legal Concepts

• Statute of limitations: The deadline for filing a particular type of claim; miss it and you may lose the right to sue.
• Liability: Legal responsibility for something, such as a debt or an injury.
• Negligence: Failing to use reasonable care, causing harm to someone else.
• Power of attorney: A document authorizing someone to act on your behalf.
• Probate: The court process of settling a deceased person’s estate.

Help and Confidentiality

• Attorney-client privilege: The protection that keeps your confidential communications with your lawyer private.
• Conflict of interest: A situation where a lawyer’s duties to one client could clash with another’s.
• Pro bono: Legal work done for free, often for clients who cannot afford it.

When a term comes up that you do not recognize, ask your lawyer to explain it plainly; a good attorney is happy to. For more context, see our guides on legal fees and your first consultation.