Heartland Law Talk

What's the difference between a State's Attorney and a City Attorney? What does a state's attorney actually do all day? And what's the real difference between a criminal case and a civil case?

In this long-form episode of Heartland Law Talk, host Daniel sits down with Patrick Waters, principal attorney at Heartland Law Office, P.C. in Bismarck, North Dakota. Patrick has nearly 20 years of courtroom experience as a public defender, a prosecutor, a criminal defense attorney, and a civil litigator, and he has served as both Oliver County State's Attorney and City Attorney for Center, ND.

Together they break down how the North Dakota justice system works: how a case moves from a police report to a criminal charge, what prosecutorial discretion and plea agreements really mean, how discovery works, and why a state's attorney advises the county commission but never casts a vote. Patrick explains what a city attorney does for a city council, how city ordinances and municipal court work, the difference between Class B misdemeanors, infractions, and felonies, and why jurisdiction depends on where an offense happens and what state law allows.

The second half covers criminal law vs. civil law: beyond a reasonable doubt vs. preponderance of the evidence, speedy trial rights in North Dakota, civil scheduling orders and deadlines, and which trial skills carry over between criminal and civil practice. Patrick closes with career advice for law students and new lawyers who want to become a prosecutor, city attorney, or trial lawyer, including why a law degree alone doesn't make you ready for the courtroom.

Chapters

00:00 Prosecutor vs. city attorney: what's the difference?

01:30 Welcome and introductions

02:12 The biggest misconception about prosecutors

03:07 A state's attorney's day-to-day in a rural county

04:26 From police report to criminal charge

05:35 Prosecutorial discretion and plea agreements

07:07 A state's attorney's civil and juvenile duties

07:52 What does a city attorney do?

10:01 Serving as both city attorney and state's attorney

12:09 What cases go to municipal court?

13:00 How you become a city attorney or state's attorney

15:01 Is it common to hold both positions?

15:36 Jurisdiction: state law vs. city ordinances

17:28 Is a prosecutor a political job?

18:36 Criminal vs. civil cases

19:12 Beyond a reasonable doubt vs. preponderance of the evidence

21:49 Speedy trial rights, discovery, and case timelines

23:57 Liberty vs. money: preparing for the stakes

24:22 Trial skills that carry over between criminal and civil law

25:42 What makes a good prosecutor

27:05 What makes a good city attorney, and building courtroom experience

30:08 Advice for law students

32:16 The hard part nobody warns you about

33:31 Advice to his younger self

35:41 Outro

Topics: North Dakota prosecutor, state's attorney, city attorney, municipal court, district court, criminal defense, criminal law, civil litigation, burden of proof, reasonable doubt, plea bargain, prosecutorial discretion, speedy trial, city ordinances, county commission, juvenile court, public defender, trial lawyer, law school advice, legal careers, Bismarck, Oliver County, Burleigh County.

This episode is general legal information, not legal advice, and listening does not create an attorney-client relationship. If you're dealing with a criminal or family law matter, talk to a lawyer directly.

Heartland Law Office, P.C. | Criminal Defense and Family Law | Bismarck, North Dakota | 701justice.com

In this episode of Heartland Law Talk, Daniel sits down with attorney Patrick to discuss one of the biggest shifts happening in the legal profession today: artificial intelligence and the future of legal practice.

Is AI making attorneys more efficient — or just more dependent? Can tools like ChatGPT improve legal work, or are they creating a generation of lawyers who rely too heavily on technology without fully understanding the law?

Patrick brings real-world insight from his experience as a criminal defense attorney and family law attorney, discussing how AI is already changing legal research, motion drafting, courtroom preparation, client communication, and the day-to-day practice of law.

Topics covered in this episode include:

• AI for lawyers
• ChatGPT in legal practice
• AI legal ethics
• Lazy attorneys vs experienced attorneys
• Criminal defense and AI
• Family law and AI
• AI-generated legal research
• Fake case citations
• Courtroom instincts vs technology
• Legal strategy and human judgment
• The future of attorneys and law firms

Daniel and Patrick also discuss whether younger attorneys are becoming too dependent on technology, why courtroom experience still matters, and whether AI can ever truly replace human judgment in high-stakes legal cases.

Patrick shares perspectives from both criminal defense and family law, including how emotional intelligence, negotiation skills, and trial experience remain critical parts of practicing law — even as AI tools become more advanced.

This episode explores:

• The dangers of blindly trusting AI-generated legal work
• Why experienced attorneys can spot AI mistakes faster
• Whether AI creates a false sense of competence
• Ethical concerns surrounding AI in the legal field
• What skills attorneys will need to succeed in the future

As technology rapidly changes the legal profession, one major question remains:

Will AI create better lawyers… or simply expose bad ones faster?

If you’re interested in:

• criminal defense
• family law
• legal ethics
• AI and law
• ChatGPT for attorneys
• courtroom strategy
• law firm innovation
• legal technology

• the future of lawyers
• legal podcasts

…this episode is for you.

Follow the podcast for more discussions on criminal defense, family law, legal strategy, and the evolving future of the legal profession.

Welcome to Heartland Law Talk, a podcast from Heartland Law Office, serving clients across North Dakota.

In this first episode, host Daniel sits down with attorney Patrick Waters to introduce the story behind Heartland Law and what listeners can expect from the podcast.

With nearly 20 years of experience, Patrick shares insight into criminal defense and family law, including everything from DUI and felony charges to divorce, custody, and guardianship cases.

If you’re dealing with a legal situation—or want to better understand your rights—this podcast is designed to give you clear, straightforward information without the confusion.

In this episode, we cover:

• The story behind Heartland Law
• What to do if law enforcement contacts you
• How criminal defense cases work
• Family law services like divorce, custody, and guardianships
• Where Heartland Law serves clients across North Dakota

Heartland Law represents clients throughout the state, including Bismarck, Mandan, Minot, Williston, Dickinson, Watford City, Devils Lake, and surrounding areas.

Need legal help?
Visit: https://heartlandlawoffice.com
Call: 701-587-8423

About Heartland Law:
Heartland Law focuses on criminal defense and family law, providing experienced legal representation backed by nearly two decades of practice in North Dakota courts.

⚠️ Disclaimer: This podcast is for informational purposes only and does not constitute legal advice. Every case is different—contact an attorney for advice specific to your situation.