Litigation means trial, right? So what does it matter if you hire a trial attorney or a trial attorney? Can’t they both perform the same functions? Not necessarily, which is why it is important to do your research before hiring an attorney to help you with a lawsuit.
trial lawyers
First, litigation does not automatically mean that a trial is going to take place. The vast majority of the time, lawsuits are settled out of court without even going to a jury. This is due to the work of the trial or trial attorney.
Trial attorneys handle all of the work that occurs outside of the courtroom. They file lawsuits, collect evidence, conduct legal research, meet with the client, file and argue motions, and defend their clients. All of this is done long before a lawsuit approaches a judge and jury. Litigants may even attempt mediation to settle out of court, but if it looks like a case will go to trial, these attorneys can take depositions and prepare clients and their witnesses.
They represent their clients from the first filing of the lawsuit until a settlement is reached. But even though they are involved in the case and represent their clients to the end, they may not actually argue the case in court. A litigator’s specialty is research, paperwork, and knowledge of their specific area of legal expertise, such as family law, real estate, wills, probate, etc.
Some litigants are also skilled trial attorneys and will appear before the judge and jury, but this is not a guarantee. Not all litigants do this. It is very common for the litigant to handle the case until it reaches the judge and then turn it over to the trial attorney to prepare it for court. This does not mean that he will be abandoned by the litigant he has been working with all along. It simply means that another attorney will be brought in to represent you and present his or her position in the courtroom. Your litigant will still be involved in the process and may even be relied on by the other attorney to provide the expert legal knowledge necessary to defend the case.
Trial Lawyers
Trial attorneys are just that: trial attorneys. They usually don’t get involved until the case is going to go before a judge and jury. Once it looks like the lawsuit will go before a judge, they prepare it for trial and represent the client in court. He or she will be the one to question witnesses, present evidence, and argue the case before the judge and jury. This is the lawyer we all see on television.
However, you should remember that these attorneys are not necessarily experts in the area of law they are prosecuting or defending. They are generalists who are excellent presenters and public debaters. They generally do not specialize in one area of the law like trial attorneys do.
Which is better?
Although there are differences between the two attorneys, those differences do not make one better than the other. Each of them fulfills different functions and performs different roles. Working with both types will give you the best of both worlds: a knowledgeable attorney familiar with the ins and outs of your case and a knowledgeable presenter who can better defend his position in court if he goes that far. Many law firms have litigators and attorneys on staff, giving you access to both types of specialists under one roof.
If you prefer to have a single attorney represent you throughout the process, be sure to ask about their court experience and specifically whether they have included cases that cover the same legal issues as yours. Next, you’ll need to decide if the attorney has the experience he needs to see your case through to the end, or if it’s better to start with a litigator and hire a trial attorney when your case reaches the courtroom.