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What Is the Difference Between a Litigator and a Lawyer?

April 21, 2023 In Class Action,Mass Tort

When it comes to the legal profession, there are many different roles and specializations. Two of the most common are lawyers and litigators. While both professions deal with legal issues and disputes, they have distinct differences that set them apart. 

If you are seeking legal representation, it is important to know the difference between a litigator and a lawyer. With this information, you can hire the most qualified professional to handle your legal matter and increase your chances of obtaining a favorable outcome. 

What Is the Role of a Lawyer?

A lawyer is a professional who provides legal advice and representation to clients. Their primary role is to help clients navigate legal issues, protect their best interests, and advocate for the most favorable outcome on their behalf. Lawyers can specialize in many different legal areas, such as criminal law, family law, real estate law, personal injury or mass tort lawsuits. In addition to providing legal advice, they can also represent clients during negotiations and in court if necessary. 

Not all legal cases require a court appearance, and some claims can be settled without going to trial. However, many lawyers possess a comprehensive understanding of the legal system and court procedures. When it is in a client’s best interest to pursue litigation, they can use this knowledge to their advantage.

What Is the Role of a Litigator?

A litigator is a type of lawyer who specializes in representing clients in the courtroom. They are responsible for preparing and presenting compelling cases to judges and juries. Litigators often represent civil disputes, such as personal injury lawsuits, contract disputes, and employment disputes.

To prepare the strongest possible case, litigators conduct deep research, gather all possible pieces of evidence, and interview witnesses. They may also engage in negotiations with opposing counsel to try and reach a settlement before the case goes to trial. If a settlement cannot be reached, the case will proceed to court, where the litigator will represent the client’s case. 

Should You Hire a Lawyer or a Litigator to Represent Your Lawsuit?

If you are pursuing any type of legal matter, hiring an attorney is a crucial first step. An attorney can provide you with legal guidance, help you understand your rights and responsibilities, and ensure that you are taking the appropriate steps to protect your interests. He or she can also provide you with peace of mind, knowing that you have an advocate on your side who is working to achieve the best possible outcome in your case.

Whether you should hire a lawyer or a litigator to represent your lawsuit depends on the nature of your legal issue. If your legal matter involves a court appearance, it is essential to hire a litigator with courtroom experience. A litigator will have the knowledge and skills necessary to represent you effectively in court and build a compelling case in your favor.

On the other hand, if your legal matter does not involve a court appearance, such as drafting a contract or negotiating a settlement, focus on hiring a lawyer who specializes in that area of law. With this background and experience, a lawyer will be better equipped to help you navigate the process and ensure that you follow all necessary legal requirements.

Benefits of Hiring an Attorney with Courtroom Experience

Filing a civil lawsuit can be a challenging process, especially if you are unfamiliar with the steps involved. These claims can be complex and challenging to navigate, requiring a thorough understanding of the legal system and court procedures. Preparing for negotiations or a trial can be equally complex, especially if you are recovering from a serious injury or illness.  

In these situations, you need a litigator on your side who can represent your lawsuit and present the best possible case at trial. An attorney with courtroom experience can benefit your case in several ways:

  • They understand court procedures: Litigators have a thorough understanding of court procedures, rules of evidence, and local court rules. They can help you navigate the legal process and avoid any delays or interruptions that could prevent your case from proceeding.
  • They know how to argue persuasively: Litigators are trained to make persuasive arguments in court. They know how to present evidence and cross-examine witnesses to build a strong case. Your attorney will work to present the best possible case in court and prove your right to financial compensation.
  • They can help you calculate damages: In a civil lawsuit, you are likely seeking compensation for any damages that you have suffered due to the defendant’s actions. Your attorney can help you identify all potential avenues to compensation and calculate your potential settlement. 

Important Questions to Ask at a Legal Consultation

Whether you need a lawyer to handle a negotiation or a litigator who can take your case to trial, any type of legal matter requires the help of an attorney. However, it can be difficult to determine whether an individual attorney is right for your case. 

Many firms offer free, no-obligation consultations where you can discuss your case with an attorney and learn more about your legal options. You can also ask questions to learn more about the lawyer’s approach and determine whether his or her services meet your requirements. For example, if you want an attorney who works with you directly, you may want to ask whether you will be communicating with the lawyer or a paralegal. If cost is a factor, you can ask the attorney to explain his or her fee structure.

Depending on your requirements, you may want to ask the following questions: 

  • What is your experience with cases like mine?
  • Do you anticipate my case going to court?
  • What is your success rate at trial?
  • How do you typically resolve cases like mine?
  • How will you communicate with me throughout my case?
  • Can you explain any legal jargon or concepts that I might not understand?
  • How accessible are you for questions and updates, and how can I contact you?
  • Are there any potential roadblocks or challenges that you foresee in my case?

If you are pursuing legal action, it is crucial to have an attorney with the right experience on your side. To learn more about your case and plan your next steps, schedule a free consultation as soon as possible to evaluate your lawyer’s skills and experience.