Hiring a Trial Lawyer

The Difference in a Litigator and a Trial Lawyer and Why It’s Good to Be Both

Most people who have never been involved in civil litigation believe that once suit is filed, the defendant will settle quickly. It doesn’t work that way.

Cases rarely settle quickly. A typical case will likely drag on for at least two years. In fact, Rule #1 in the defense lawyer playbook is to drag things out.

Litigation is a series of battles in a paper war. A skilled defense lawyer whacks away at the plaintiff’s case before trial, explores every technicality, finds every loophole, and tries to injure the plaintiff’s case enough so that the plaintiff limps into trial weakened and worn from a prolonged siege. A skilled plaintiff’s lawyer does the same thing on her end, battering the ramparts of the defense case. All of these pre-trial tactics are what I call "litigation".

Once the case finally goes to trial, you need a trial lawyer, not a litigator. A trial lawyer should be tough, persuasive, cool under pressure and someone a jury can relate to. There are far more litigators than trial lawyers, and an astounding number of litigators would rather submit to a game of Russian Roulette than face a jury trial.

When negotiations have failed and the bad guys are gathering at the edge of town, would you rather have Tombstone Mayor John Clum or Wyatt Earp ride out to meet them? Most lawyers know which category their colleagues fall into, and will apply pressure accordingly.

To obtain the best settlement outcome, your antagonist needs to know unequivocally that you and your lawyer will go to trial if necessary.

Whether you’re a plaintiff or a defendant, it’s essential to look for someone who is both a litigator and a trial lawyer. You have better odds of obtaining a satisfactory settlement, and, if the case doesn’t settle, you will be in skillful and effective hands for trial.