What would you do while facing contractual problems with your supplier while running your business? You may attempt to handle this civilly, but such a situation only elevates. You need someone who knows their way around legal matters, so do you dial your regular lawyer or litigator? It’s a common dilemma among business leaders.
Thus, knowing the differences between litigators and lawyers will help you save time, money, and stress during legal issues. This guide covers all the aspects of litigator vs lawyer to help you make the right decision for your legal matters.
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The Basics of Litigator vs Lawyer
You must understand the service basics to know how lawyers and litigators differ as professionals. These distinctions will assist you in determining the laws that apply to your specific legal requirements. Here are the key services these professionals offer:
1. Lawyers
Lawyers are legal professionals who provide a multitude of services. Thus, they play an umbrella role in advisory and also litigation-related cases. Below are some of their prime job responsibilities:
- Legal Advice: This is the most common service for which you will hire a lawyer. These professionals work for individuals, businesses, government agencies, or non-profit organizations. Their role is to do thorough research and examine and plot laws into an understandable format for their clients.
- Transactional Work: Attorneys help with documents such as contracts, agreements, wills, and others. They ensure the documents are legal and compliant while also in the best interest of their clients.
- Conflict Negotiations: Lawyers advocate for their clients during negotiations and settlements and ensure favorable contractual terms between disputing parties.
2. Litigators
Litigators specialize in resolving lawsuits through the litigation process. They build cases for trial and manage discovery, pre-trial motions, trials, and appeals. Litigators skillfully handle courtroom disputes on account of their deep domain expertise.
Their job can be split into a few roles:
- Pleadings: In litigation, pleadings usually start with each party filing their complaint. The litigator prepares and files these pleadings with the courts.
- Discovery: Each party exchanges pertinent information. Before the trial, litigators may interview opposing counsel and witnesses. They take depositions or file motions with the court (to try to have specific issues decided before the scheduled trial).
- Investigation: Litigators complete the investigation, collecting the evidence that might be used in their case. This could include engaging private investigators, forensic accountants, and medical experts and taking witness statements.
- Pre-trial: It’s the process before the trial where litigators have conferences with opposing attorneys. They do it typically to resolve disputes outside the court.
- Settlement: Litigators can negotiate with the opposing attorney to settle if the case’s nature allows it.
- Trial: If no settlement is reached, litigators select a jury, deliver opening statements, and conduct direct and cross-examination of witnesses in court.
- Appeal: If the trial’s outcome is unsatisfactory, the client may opt to have an appeal run. The litigator prepares the appeal documents and maintains counsel as necessary.
The Differences Between Litigator vs Lawyer
While all legal professionals follow similar legalese and case law, how they pursue cases and acquire skills can vary significantly. With lawyers and litigators, here is a list of differences you will experience:
1. Case Preparation and Strategy
Lawyers focus on legal research and contract drafting to avoid litigation. They offer proactive preventative law services. In contrast, litigators begin their strategy by preparing for trials, depositions, and evidentiary hearings. They often act as their clients’ advocates in adversarial settings.
2. Skills and Qualities
Lawyers show excellent analytical skills, masterful communication, and laser-eye precision. They have experience in legal research, writing, and critical thinking. They can advise and represent their clients effectively.
Meanwhile, litigators possess superior oral advocacy, a dominating courtroom demeanor, and the ability to think quickly. They excel in cross-examination as counsel, show strong persuasion, and present evidence. Litigation success requires attention to detail, strategic thinking, and resilience under high-pressure situations.
3. Service Scalability
Depending on their skills, lawyers can begin private practice or serve as in-house counsel for corporations. They might also work for government agencies, non-profit organizations, or academia.
Alike lawyers, litigators can also expand their services to include private practice, government agencies, and corporate legal departments. However, they can also choose niche litigation on a small scale, like appellate advocacy, criminal law, and civil suits.
Choose the Legal Counsel You Need
Picking litigator vs lawyer is an important decision. Thus, you must carefully evaluate your legal situation, your needed services, etc. Consulting with expert legal services like Di Martino Law Group can help you make the right decision without wasting resources.
However, for basics, here are a few points to consider:
1. Determine the Nature of Your Legal Issue
Your first step should be to evaluate your legal matter fully. Assess if this is a regular legal matter or something that needs dispute resolution/conceivably litigation. This first evaluation will help finalize whether you need a general practice lawyer or an expert civil case litigator.
2. Evaluate Their Expertise
Decide what level of experience you need for your case. Perhaps a general practice lawyer can provide the services you need if your case is simple. But if your matter involves litigation, complex negotiations, or courtroom appearances, that might require the skills of a litigator.
3. Consider Costs
Lawyers often offer more flexible fee structures, sometimes handling matters hourly or with a flat fee for specific services. Litigation can be expensive due to court costs, discovery processes, and trial preparation. Litigators also typically bill by the hour, but the costs can escalate quickly. So, consider your budget while making the choice.
4. Define Time-frame for Resolution
A lawyer may be a better option if you need a quick resolution. But, if you are fine with a more extended time frame to resolve the issue, a litigator may be more suitable. So, ensure the possible time frame your case will require.
5. Asses your Risk Tolerance
If you are comfortable with the possibility of going to court, a litigator may be the best choice. However, a lawyer will suit your case better if you prefer to avoid court trials. It’s better to evaluate the nature of your case beforehand.
Make the Informed Legal Choices
Hiring a lawyer is more than just getting someone with court knowledge – there are certain technicalities that you must consider. That means taking their specific skills and blending them with your particular requirements.
Although lawyers and litigators are both integral to the legal system, these professionals have disparate roles regarding what they do for their clients. Follow the points mentioned above about litigator vs lawyer and the differences to make an informed decision. Also, explore more detailed resources from law consultants for better choices.
Frequently Asked Questions
1. What are the different types of litigation?
The most common types involve personal injury, family law litigation, commercial/business litigation, class action litigation, and contract litigation.
2. How do you spot legal malpractice?
Legal malpractice occurs when an attorney breaches their duty regarding you, as their client. This could be failing to honor their duty of confidentiality, fiduciary, or attorney-client privilege.
However, an unfavorable case result is not legal malpractice.
3. What are litigated claims?
These claims are generally non-filed legal positions. However, litigated claims can also include cases filed with a court.
4. What are the most common lawyer billing practices?
You will get to sign a free agreement when you retain an attorney. This agreement involves your lawyer’s specific billing and payment plans. Often, lawyers use hourly billing rates.
5. Who has the regulatory authority on lawyers in the USA?
The ABA is the critical regulatory authority in the USA. It sets standards for lawyers in all 50 states.
