Trial lawyer vs litigator

When it comes to your case, it might be understandingly overwhelming to decide who you wish to represent you. There are a million lawyers out there with different specialties, while you don’t know the first thing about what you’ll need from your lawyer! One common question is if one should employ a trial lawyer vs litigator, and what the difference is between the two.

What is litigation?

In general, litigation is everything that happens before you and your case appear in court before a judge and jury. This includes a variety of stages, including:

  • sharing legal documents to commence litigation
  • the discovery phase
  • pre-trial
  • trial
  • post-trial motions
  • potentially an appeal

Therefore, your litigator is a lawyer who is experienced in everything right up until it is necessary to pick a jury. This is an important aspect of your case and may require another set of skills and experience.

This is where you need to discuss with your hired counsel what experience they have. Your lawyer may legally be able to choose a jury and try a case, but that doesn’t necessarily mean they are experienced in it. Experience is king, so be sure that you are well-educated on your lawyer’s skills.

When to get a trial lawyer

Therefore, you should think about seeking a trial lawyer when you see your case being put in front of a judge. However, the question now becomes “when do I know that a judge and jury will see my case?” Well, this depends on each individual case, and this question should be brought to a lawyer in a consultation.

For example, if you are interested in settling your sinkhole case quickly, it may not be necessary to engage an attorney with a lot of trial experience.

Finding a trial lawyer

If you have decided the former of the trial lawyer vs litigator choice, trial lawyers will usually maintain lists of the cases they have tried, which provide you with information about their prior successes, the number of times they have actually gone to trial, and the types of cases they’re experienced in.

Of course, if you ask an attorney for documentation of their experience and they are unable to provide any, one might second-guess their ability to handle your case.

Some attorneys 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.

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