What Is The Difference Between A Trial Attorney And A Litigation Attorney?
Most people think that litigation automatically means a trial. Because of this, most believe that it does not actually matter what type of attorney is hired. The truth, according to Joey Langston, is that there are differences between the two and it is important to know who to choose. Let’s take a look at what these attorneys do and see which one is best in your case.
The Work Of The Litigation Attorney
Remember that litigation will never automatically mean that trial will happen. Actually, most lawsuits will be settled without courts being involved. That is because of the work done by the litigator (litigation attorney).
A litigation attorney is going to handle work happening outside courtrooms. They will gather evidence, file lawsuits, meet clients, conduct research, argue motions, file them and generally defend clients. All of these tasks are handled before lawsuits are close to reaching the jury. A litigator can even attempt to go through mediation in order to get settlements. In the event that cases might go to court, lawyers take depositions and will prepare all clients or witnesses.
Litigation attorneys represent clients from lawsuit filings to settlements. However, arguing cases in court does not always happen. Litigators are specialized in legal expertise knowledge, paperwork and research.
Obviously, there are litigation attorneys that are really good as trial lawyers. They can and will represent clients in front of the judge. However, this is never a guarantee. Contrary to popular belief, this is not something that absolutely all litigators do. Litigators often pass over the case to a trial attorney if it is imminent that it will go to court.
The Work Of The Trial Attorney
Just as the name implies, the trial attorney is the attorney that works during trials. He/she is normally not involved until cases are presented in front of the court. As soon as it looks like lawsuits go before judges, trial attorneys start to prepare the representation of the client. The specialist is the one that asks questions, presents evidence and argues cases before juries and judges. Basically, this is the lawyer that we often see presented in TV shows.
The one thing that has to be said is that lawyers do not actually stand out as being experts in the law area they defend or prosecute. In most situations, such lawyers are generalists. They are really good debaters and public presenters. A specialization does often happen but it is usually the litigation attorney that is specialized in a law area.
Which Attorney Should You Choose?
The differences between the litigation attorneys and the trial attorneys are pretty obvious but this does not actually mean that one lawyer type is better than another. The specialists simply perform different roles and functions. You will usually work with both in the event that you go to court. In fact, it is recommended to get the expert lawyer that knows everything about the law and the attorney that is going to have a perfect presentation in court.