Updated on November 13, 2024
A litigator is a type of lawyer who manages every stage of a lawsuit. This includes everything from the initial investigation and drafting of legal documents to the discovery phase and pre-trial motions.
Litigators are adept at conducting legal research, preparing various legal documents, and negotiating settlements.
Their main responsibility is to oversee the lawsuit process and advocate for their clients, often working to resolve disputes before they escalate to a trial.
They frequently utilize negotiation or alternative dispute resolution methods, such as mediation or arbitration, to reach a settlement.
However, it’s important to note that not all litigators have the experience or confidence to take a case all the way to trial.
Pro Tip: If you’re considering hiring a litigator, ask about their experience with trial cases. This can give you insight into their overall capabilities and whether they can handle your case if it goes to court.
In contrast, a trial attorney focuses specifically on representing clients in court. They are well-versed in courtroom procedures, the rules of evidence, and effective trial strategies.
Trial attorneys excel at presenting cases to judges and juries, cross-examining witnesses, and crafting persuasive arguments.
Their primary goal is to navigate the trial phase of a lawsuit, striving to secure a favorable verdict for their clients.
Pro Tip: When selecting a trial attorney, consider their track record in similar cases. A proven history of success in court can be a strong indicator of their ability to advocate effectively on your behalf.
The confusion between litigators and trial attorneys arises because both are involved in the litigation process. However, their roles diverge a bit at different stages of a case.
Litigators handle the groundwork and preparation, while trial attorneys take over when the case goes to court.
The roles are typically blended but sometimes a powerful litigator may not have the court room skills necessary to be a powerful trial attorney. Schorr Law can do both effectively.
Key Differences:
– Role Focus: Litigators focus on pre-trial work, while trial attorneys concentrate on courtroom representation.
– Skill Set: Litigators excel in legal research, document drafting, and negotiations. Trial attorneys are adept at oral advocacy, witness examination, and jury persuasion.
– Case Handling: Litigators aim to resolve disputes before trial, whereas trial attorneys are prepared to take cases to court.
Causes of Confusion:
– Overlapping Duties: In smaller firms, attorneys often perform both roles, leading to interchangeable use of the terms.
– Client Misunderstanding: Clients may not be aware of the distinct phases of litigation and the specific expertise required at each stage.
Knowing when to hire a litigator versus a trial attorney depends on the nature and stage of your legal issue. You always need a litigator for your case, the question become whether you need someone who is also a skilled trial lawyer or whether the litigator can handle the task.
– Pre-Trial Needs: If your case is in the investigation, pleadings, or discovery phase, a litigator’s expertise is crucial.
– Settlement Focus: If you aim to settle the dispute out of court, a litigator can negotiate on your behalf.
– Trial Preparation: If your case is headed to trial, you need a trial attorney to prepare and present your case in court.
– Courtroom Representation: For matters requiring courtroom advocacy, a trial attorney’s skills are indispensable.
Imagine you are involved in a real estate dispute over a property boundary in Los Angeles. Here’s how a litigator and a trial attorney would handle the case differently:
You hire a litigator to investigate the property boundary dispute. The litigator reviews property records, conducts depositions, and negotiates with the opposing party.
They file the necessary legal documents and aim to resolve the issue through mediation, avoiding the need for a trial.
A more skilled litigator, like the ones at Schorr Law, will conduct pre-trial discovery (like depositions) with an eye towards how the discovery will be used at trial and what they will be able to present at trial.
If the mediation fails and the case proceeds to trial, your litigator may bring in a trial attorney. The trial attorney prepares for court by developing a trial strategy, selecting witnesses, and crafting arguments.
In court, the trial attorney presents the case, cross-examines witnesses, and works to convince the judge or jury to rule in your favor.
Schorr Law specializes in California real estate disputes and has expertise in both litigation and trial advocacy. Here’s how we could approach a real estate dispute:
Our litigators handle a dispute involving a commercial lease disagreement. We gather evidence, interview witnesses, and negotiate with the opposing party.
Our goal is to reach a settlement favorable to their client without going to trial.
We use our knowledge of real estate law to craft compelling arguments and leverage our negotiation skills to achieve a resolution.
We know every case may go to trial so we also keep an eye on the end game and try to figure out the best way to garner the evidence to present at trial.
If the lease disagreement cannot be resolved through litigation, Our trial attorneys step in. We prepare the case for trial by building a strong narrative, identifying key evidence, and selecting expert witnesses.
In court, we present the case with precision, aiming to secure a favorable verdict for our client.
Our firm goes to trial about 5 times a year.
This is a high number for civil attorneys, which means we have experience with all aspects of presenting a case to a judge or jury.
Navigating a real estate dispute in California can be complex and challenging.
Whether you need a skilled litigator to handle pre-trial matters or a seasoned trial attorney to represent you in court, Schorr Law has the expertise to assist you.
If you’re unsure whether you need a litigator or a trial attorney, contact us today for a consultation.
Let our experienced team guide you through your real estate dispute and achieve the best possible outcome for your case. Call our office at 310-954-1877 or send us a message here.
Ventura County - San Bernardino County - San Diego County - Bakersfield Kern County - Orange County - San Luis Obispo County - Riverside County - The Rest of California