Should you hire an attorney or a trial attorney for your case? To answer this question, you need to have a good understanding of the difference between the two roles. 

A trial attorney is simply a specialized kind of attorney. More importantly, a trial attorney is the specialized kind of attorney you want on your team when you go to court, and sometimes even when you don’t.

Understanding the distinctions between attorneys and trial attorneys can be crucial to the success of your case, even if your case never makes it to court. Learn about when you need an attorney vs a trial attorney, how their roles and responsibilities differ in legal representation, and when to consider hiring each.

What Is an Attorney?

Also known as an attorney at law, an attorney is a legal professional licensed to practice law in a particular jurisdiction. Attorneys must receive a law degree and pass their state’s bar exam to be certified to practice law. 

An attorney represents clients in various legal matters, including criminal cases like defending against assault charges, personal injury matters like recovering expenses from a fall, and family law matters like divorce. In their role as legal representatives, an attorney may draft legal documents, advise clients on legal matters, represent clients in court, and negotiate with other parties.

What Is a Trial Attorney?

A trial attorney specializes in representing clients in both civil and criminal cases. While you might expect a trial attorney’s primary responsibilities to happen while court is in session, a great deal of their work takes place before a trial begins. 

Prior to going to court, a trial attorney may:

• Analyze cases to predict possible outcomes and develop case strategies
• Prepare for trial
• Schedule orders
• Communicate with clients
• Negotiate to attempt to avoid trial

In court, the responsibilities of a trial attorney may include:

• Presenting evidence to the judge and jury
• Deposing, questioning, and cross-examining witnesses
• Presenting facts to the jury in a way that persuades it to see the client’s point of view
• Arguing motions and cases, meeting with judges, and selecting jurors
• Delivering opening and closing statements

Differences Between Attorneys and Trial Attorneys

Any attorney can represent clients during trials, but a trial lawyer has specialized experience and training in courtroom litigation. Here are a few key differences:

• Litigators focus on negotiations and settling cases to avoid going to court while trial lawyers focus on preparing for court while also managing negotiations in the hopes of reaching a settlement. 
• Attorneys serve more of an advisory role versus the trial attorney, who serves as the client’s representative in court. 
• Trial attorneys bring a unique set of skills to litigation which, combined with their courtroom experience, give their clients an advantage.
• Trial attorneys are more prepared and therefore often more willing to take cases to court while general attorneys may be more apt to accept settlement offers.

Types of Attorneys

Many attorneys choose to specialize in particular areas of law, becoming legal experts in, for example, criminal defense, family law, corporate law, or personal injury law. Understanding the differences between a personal injury vs criminal lawyer, for example, can help you choose the best attorney for your case. 

Criminal Defense Attorneys

Criminal defense attorneys defend clients accused of criminal activity. These specialized attorneys protect the rights of clients who are questioned, arrested, charged, or identified as a person of interest in a criminal case. 

Criminal cases may involve misdemeanor charges in traffic, domestic violence cases, felony charges in assault, theft, white collar crimes, or even federal charges of drug trafficking or fraud. Criminal defense attorneys build a case to raise reasonable doubt, negotiate pleas, and defend their clients in court.  

Family Law Attorneys

Family law attorneys represent families as a whole or specific members of a family. Family law cases include matters like divorce, adoption, and custody disputes. Attorneys working in family law draft documents, provide legal advice, mediate, communicate with clients and other parties, and represent clients in court.

Corporate Attorneys

Corporate attorneys manage business-related legal matters. Attorneys specializing in corporate law execute mergers and acquisitions and other business deals, counsel regarding compliance and corporate governance, draft legal documents and contracts, and represent their clients in court. 

Personal Injury Attorneys

Personal injury lawyers assist clients in securing compensation for injuries or death caused by negligence. These civil matters may include cases involving motor vehicle accidents, slip and fall accidents, dog bites, and injuries caused by defective products. 

To secure the maximum possible award for their clients, personal injury attorneys investigate the case, negotiate with other parties, represent their clients in court, and appeal losses. 

Why Hire a Trial Attorney?

You may ask, why choose a trial attorney? With experience and expertise in both negotiating and taking cases to court, trial attorneys can work to avoid trial while at the same time preparing for court when a settlement cannot be reached. When you have a trial attorney in place from the start, you can avoid the expense and complications of transitioning from a general litigator to a trial attorney. 

In certain situations, hiring a trial attorney gives you a distinct advantage, such as:

• Expertise in personal injury cases. Trial attorneys are familiar with the strategies insurance companies use to keep their payouts low. They will challenge low initial settlement offers and know how hard to push judges and juries to help you get the maximum possible compensation. 
• Navigating complex legal systems. Particularly complicated legal systems, like those involving corporate law or technical regulations, may require an attorney with specializations.
• Strategies for securing larger settlements. Sometimes simply hiring a trial attorney over a litigator can be enough to motivate the other party to settle on a larger payout. For example, an insurance company strives to avoid the cost of a trial. Once it is aware that you hired a trial attorney, who it believes will be more likely to push for a trial, it is more likely to begin settlement negotiations with a higher initial offer.

When to Consider Hiring a Trial Attorney

If there is any possibility that your case could go to court, it is worth exploring the benefits of working with a trial attorney. Consider this also if your case involves complex legal matters with technical issues, complicated regulations, or contrary precedents. 

Having a skilled trial attorney is crucial if a case proceeds to court. It is essential that your attorney has experience in all aspects of trials, including preparing and delivering opening and closing statements and selecting jury members. A trial lawyer approaches your trial strategically, predicting and preparing to best persuade the jury to rule in your favor.

Tips for Choosing the Right Attorney

Finding the right attorney to represent you is essential. An initial consultation with a prospective lawyer for your case can provide all the information you need. 

• During your first meeting, ask questions about the attorney’s experience. Inquire about the types of cases the attorney handles, how much trial experience they have, and how they approach trial preparation and jury selection. 
• Find out if the attorney specializes in a particular area of law. Ask about their experience with trials in their specialization. 
• Ask to see information about recent cases. Attorneys will often list settlement amounts for these. Trial attorneys will include verdicts as well as settlements. 
• Evaluate the attorney’s communication skills. In addition to communicating with you and your family, your attorney will negotiate with other parties, depose and question witnesses, and argue your case in front of a judge and jury.

Attorneys vs. Trials Attorneys FAQs

What is the difference between a litigator and a trial attorney?

All trial attorneys are litigators, but not all litigators are trial attorneys. Litigators focus on advising clients and negotiating settlements, while trial attorneys, in addition to providing legal advice and working toward settlement offers, also represent clients in court. 

Is an attorney more powerful than a lawyer?

Many people consider the titles attorney and lawyer synonymous, but there is a difference. While both are law school graduates who can advise clients, attorneys have also passed the bar exam for their license to practice law and represent clients in court. In other words, all attorneys are lawyers, but a lawyer is not an attorney until they pass the bar exam. 

Understanding the Differences Between Attorneys and Trial Attorneys

Choosing the right type of attorney for each legal situation is crucial. Trial attorneys bring significant advantages to complex cases, even encouraging higher initial settlement offers just by being on the case.

At Morris & Dewett, our trial attorneys prepare every case for trial, but only 5% of cases go to court. 95% of our cases are settled fairly for a dollar value well above the average firm’s, with settlements and verdicts commonly reaching million-dollar amounts.  Contact Morris & Dewett today to learn more about our trial attorneys.