What is a “trial lawyer” versus a “sinkhole lawyer” when it comes to battling my insurance company?
Any lawyer who is licensed to practice law may market himself or herself as a “trial lawyer.” The difference between a “trial lawyer” and a “litigator” is that a litigator is usually only involved in the handling of a case up to the actual commencement of a trial.
Litigation itself comes in multiple phases, where the parties share legal documents that commence the litigation, the discovery phase, the pre-trial, the trial itself, the post-trial motions, and potentially an appeal. A person who is a “litigator” would be someone who has experience that ends right before it is necessary to actually pick a jury. The selection of a jury and the actual trial of case may call upon other skills and experience. While any lawyer may legally try a case to a jury this does not mean they may necessarily have a great deal of experience in doing so. This would be like a doctor who can legally perform particular medical procedures, but who has only limited time behind the scalpel.
If you are interested in settling your sinkhole case quickly, it may not be necessary to engage a sinkhole lawyer with a lot of trial experience.
Many attorneys can claim to have selected a few juries, but would stop short of actually calling themselves trial lawyers. Instead, they spend more of their time prior to trial, seeking to resolve the sinkhole claim without this additional process. There are obvious pros and cons to this, which should be discussed with counsel. Most actual trial lawyers maintain lists of the cases they have tried, which would give you information about their prior successes as well as the number of times they have actually gone to trial. Suffice to say, any lawyer who cannot document their experience should be addressed about this issue.
Some sinkhole lawyers have also obtained specific certifications for trial practice, from the Florida Bar. A copy of the list of attorneys who are, in fact, board certified in trial practice is available through the Florida Bar website. You should look for an attorney who meets your needs, and if your needs may include an attorney able to take your case to trial, you should explore these issues when you interview counsel.
Have a burning question you”™d like to ask about sinkholes? Let us know.
