The Difference Between a Litigator and Trial Attorney

When you think of a lawyer, you might picture someone passionately arguing a case before a judge. But not all lawyers spend their days in courtrooms. There’s a significant difference between litigators and trial lawyers, and understanding this distinction is crucial when deciding on the right legal representation for your case.

The personal injury lawyers with Armstrong Lee & Baker LLP have some information on those differences. If you ever suffer an injury in an accident that wasn’t your fault, please contact us for a free consultation.

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Litigator vs. Trial Lawyer

A litigator is a lawyer who handles the legal process before a trial begins. They prepare and file lawsuits, engage in discovery (exchanging legal information and facts between parties), and negotiate settlements. Litigators spend a lot of time in the office or at depositions, crafting arguments and preparing documents to support their client’s case. They work to resolve disputes without ever setting foot in a courtroom, if possible. That’s a big reason only about 4-5% of personal injury cases go to court. 

On the other hand, a trial lawyer is the one who takes the case to court. They’re the ones you see presenting evidence, examining witnesses, and making persuasive arguments in front of a judge and jury. Trial lawyers are skilled in courtroom procedures and thrive in the high-pressure environment of a trial. They’re the ones who fight for you when your case can’t be settled outside of court.

It’s important to note that while all trial lawyers are litigators, not all litigators are trial lawyers. Some lawyers excel in the negotiation and preparation stages but may not have the courtroom experience necessary to represent you at trial. That’s why, when facing a serious legal battle, you must ensure that your personal injury lawyer isn’t just a litigator but also has the experience to try court cases.

How Do I Know if My Lawyer is a Trial Lawyer?

Determining whether your lawyer is a trial attorney is critical in choosing the right representation for your case. One way to find out is by asking directly about their experience. Have they tried cases in court? How many of those cases were similar to yours? What were the outcomes? These questions can give you insight into their trial capabilities.

Examining their past cases is another way to assess whether your lawyer is a trial attorney. If they have a track record of going to trial and achieving favorable outcomes, that’s a good indicator that they can handle your case in court. You might also want to ask if they’re comfortable going to trial if necessary. Some lawyers prefer to settle cases out of court to avoid the unpredictability of a trial. While settlements can be beneficial, sometimes taking a case to trial is the best way to secure the compensation you deserve.

Consult Our Houston Injury Attorneys Now

When you work with one of our personal injury lawyers at Armstrong Lee & Baker LLP, you’ll have someone who is a litigator and a trial lawyer. We’ll work to help you obtain maximum compensation without going to court, but we’ll be ready to argue for you at trial if the insurer doesn’t offer a fair settlement. Schedule a free case evaluation by contacting us online or calling 832-402-6641.

C.J. Baker

C.J. Baker represents victims with serious injuries and he won’t let any corporation or insurance company stop his clients from getting complete justice. He has won millions of dollars for victims of 18-wheeler crashes, oilfield equipment failures, offshore platform explosions, and defective medical devices. Our lawyers have 25+ years of combined experience.

Get in touch with C.J. Baker now.