Dear experts,

May we assume that while criminals are ON TRIAL their lawyers are IN TRIAL?

Thank you,
Yuri

Well, yes, pretty much.

Of course, the whole point of the trial is to determine whether the defendant is guilty or not, is a criminal or not. It's not the criminal who is on trial, it's the defendant, or John Smith, or Martha Jones.

So he or she is on trial, as you say. "On trial" refers to the official process of determining guilt or innocence.

"In trial" refers to the activity and the venue. It describes, as you note, what the principals are doing and where they are – in a courtroom for the most part. Their lawyers would be said to be "in trial" by their appointment secretaries, for example:

Client: I'd like to make an appointment with Mr. Heller, please. As soon as possible.
Secretary: Well, he's in trial all this week. How about next Monday afternoon?

Or, the lawyer could be physically in the office, but could still be considered to be in trial:

Wife: Will you be home for dinner tonight?
Husband / Lawyer: I don't think so. I'm in trial all week, so I have to work late again.

Rachel