“The skills you learn on the job—emotional intelligence, discretion, negotiation, and community engagement—are just as important as what you learned in the classroom.”
This article was originally posted on LinkedIn.
By Arcelia Hurtado, Director of Policy and Training
I started law school in 1994, intending to become a public defender. And I was — for over a decade, I represented hundreds of indigent people struggling to find fairness and dignity within a complex and often unforgiving system.
I loved everything about being a public defender; I lived and breathed the work, grateful for the privilege of standing up for those who needed it the most and for our Constitutional ideals. But it was only when I became a prosecutor that I realized how much of an impact I could make on that side of the courtroom, too. Law school didn’t teach me about these nuances.
Law school prepares you with the theoretical knowledge and legal frameworks needed to navigate the law. But once you enter the real world of legal practice, particularly as a prosecutor, you’ll soon discover that there’s a lot more to the job than what you were taught in the classroom. It all comes down to one word: discretion. Being a prosecutor is not just about presenting legal arguments or writing motions or even going to trial; it’s about being a voice for victims, balancing the pursuit of justice with the responsibility of protecting the public, holding individuals accountable, and working with the community. And as prosecutors, we are entrusted with exercising our discretion in an ethical way that balances all of these sometimes competing interests.
Here are some key things law school doesn’t teach you about being a prosecutor:
1. The Emotional Weight of the Job
While law school focuses heavily on logic and reasoning, the emotional realities of being a prosecutor are rarely discussed. You’ll be handling cases that involve real people, real pain, and sometimes life-altering consequences. The emotional toll can be significant, whether it’s interacting with victims and inevitably being exposed to the trauma they’ve experienced, trying to bring justice to a family affected by crime, or prioritizing fair and just responses that address root causes of crime when others may simply want punishment and retribution.
Prosecutors must learn healthy ways to manage their emotions. It requires a delicate balance of empathy, self-awareness, and a willingness to seek help from others who have successfully navigated these challenges. You’ll quickly realize that your ability to manage this emotional burden is just as critical as your legal skills.
2. The Power of Discretion
The concept of discretion is discussed in law school, but the weight of that power quickly comes into focus when you become a prosecutor. You are often tasked with making decisions that can change lives: whether to charge someone, what charges to bring, and whether a plea deal is appropriate.
Many law students opt for careers in criminal defense. I get it – I went to law school thinking I would be a public defender and never a prosecutor. As a woman and a person of color who grew up in poverty, I identified more with the needs of indigent criminal defendants than I did with any prosecutor that I saw in a courtroom or on television. As indispensable as that work is to our criminal legal system and to upholding constitutional rights, the reality is that prosecutors have much more power to impact outcomes than defense attorneys or even judges do. Law school does not always teach you those intricacies.
This immense power – prosecutorial discretion – requires a deep sense of responsibility, clarity of values, and ethical decision-making. Every decision must be rooted in the pursuit of justice, not just securing a conviction. The outcomes you drive will shape people’s futures, and you are a key player in ensuring fairness and equity in the system for all members of the community, including survivors of crime and people accused of crimes.
3. Trauma-Informed Approaches for Working with Victims
In law school, much of the focus is on legal procedure and the mechanics of trial work. But when you become a prosecutor, you quickly realize that your role goes beyond the courtroom. As a prosecutor, you’ll be working closely with survivors of crime, helping them navigate the criminal justice system and supporting them through what can often be a very traumatic process.
Victim advocacy requires trauma-informed approaches, cultural sensitivity, and communication skills. You’ll need to provide clear guidance, manage their expectations, and sometimes be a source of emotional support. Understanding the impact of crime on survivors – and how that plays into the justice process – is an essential skill that law school doesn’t fully prepare you for. Sometimes, you have to put your legal education aside and focus first on your shared humanity to find commonalities with survivors that will help you understand their needs and help them move closer to healing.
4. The Art of Negotiation
Prosecutors spend a significant portion of their time negotiating, whether it’s working out plea deals, deciding on sentencing recommendations, or finding resolutions that are fair to all parties involved. While negotiation skills are briefly touched upon in law school, the actual art of negotiation requires practice and experience.
You’ll learn that negotiation is less about being combative and more about being strategic, understanding the interests of the other parties, and finding creative solutions to complex problems. Your ability to build relationships with defense attorneys, judges, and law enforcement officers can be as important as the legal arguments you make in the courtroom.
5. Managing a Heavy Caseload
In law school, you’re typically focused on one or two cases at a time, allowing you to dig deeply into the legal nuances. In the world of prosecution, however, you’ll quickly realize that the workload can be overwhelming. Prosecutors often juggle dozens, if not hundreds, of cases at once.
Managing this caseload requires excellent organizational skills, the ability to prioritize, and a deep understanding of what’s important in each case. Sometimes, it means making difficult decisions about which cases to prioritize, which can feel like you’re constantly swimming upstream. It’s not just about knowing the law—it’s about time management, delegation, and knowing when to ask for help.
6. The Importance of Ethical Decision-Making
Law school teaches you about legal ethics, but you might not fully appreciate the real-world implications of those ethical principles until you’re on the job. As a prosecutor, your primary duty is not just to win cases but to ensure justice is done. That means you must be vigilant about your ethical responsibilities, like ensuring fairness in trials, disclosing exculpatory evidence, and resisting pressure to secure convictions at all costs.
Prosecutors are expected to uphold the highest ethical standards, and any misstep can result in severe consequences—not just for the victim and defendant but for your career and the integrity of the legal system.
7. Building Trust with the Community
Prosecutors often work at the heart of the community they serve, yet building trust with the public and law enforcement can be challenging. Law school doesn’t necessarily prepare you for the intricacies of working with various community groups, especially in cases that involve systemic issues like racial justice or police accountability.
Building relationships with the community, understanding their concerns, and working to maintain public trust in the justice system are crucial parts of being a prosecutor. You’ll quickly find that your role isn’t just about being a legal expert but also about being a trusted and ethical leader in your community.
While law school provides the foundation you need to succeed as a prosecutor, the real lessons will come from experience. As you embark on your career, remember that the skills you learn on the job—emotional intelligence, discretion, negotiation, and community engagement—are just as important as what you learned in the classroom. It’s a challenging yet incredibly rewarding career, and while law school may not teach you everything, your time as a prosecutor will provide lessons that will stay with you far beyond the courtroom.