What Is The Difference Between A Trial Lawyer And A Litigator?
Bill Allen | January 24, 2025 | Personal Injury Questions
Technically, there’s no legal difference between a trial lawyer and a litigator — neither is a specific legal term, and many attorneys use the terms interchangeably. However, searching for “litigator vs. lawyer” might find several interpretations of how the two differ.
The reason is that many attorneys focus on particular aspects of their profession, and these terms are often used to differentiate between how various legal professionals approach the practice of law. From this standpoint, what is a litigator as opposed to a trial lawyer? While there are some disagreements on the terminology, the following are some common interpretations.
Trial Lawyer
As the name suggests, a trial lawyer is one who focuses on arguing cases before a judge or jury in a courtroom. While all attorneys in the Sunshine State are required to be licensed by the Florida Bar Association, trial lawyers typically have the most robust knowledge of the Florida Rules of Civil Procedure.
Furthermore, because trial lawyers spend so much time in courtrooms, they usually familiarize themselves with the judges and court personnel in the courts where they most commonly practice. While the average attorney might know the names of the judges of local courts, a trial lawyer might have their personal phone number and also know the names of all their clerks.
Trial lawyers also study the habits of the judges who oversee their cases. A good trial lawyer therefore knows what arguments a judge is likely to accept and what type of evidence they’re likely to toss out of a trial. This familiarity can give their clients a huge advantage when a case goes to trial.
Finally, many trial lawyers are admitted to practice in nearby states and are just as familiar with the rules of civil procedure in those jurisdictions as they are their own.
Litigator
Broadly speaking, a litigator is any lawyer who helps clients take legal action, such as filing lawsuits. While litigators usually have some trial experience, many rely on colleagues to assist them if a case goes to trial.
Litigators tend to be exceptional at handling the subtle aspects of their clients’ cases. Most possess outstanding skills in:
- Gathering and preserving evidence
- Determining claim values
- Writing briefs and arguing motions
- Negotiating settlements
Litigators often manage a case from start to finish, with or without the expectation of going to trial. By collecting and presenting robust evidence, skilled litigators frequently avoid courtroom battles.
This means that litigators usually take less time to achieve favorable outcomes for their clients, as trials tend to take much longer than other types of legal proceedings. Such expediency is particularly helpful for those who have suffered catastrophic injuries and other grievous losses.
Trial Lawyer Vs. Litigator: Is There A Meaningful Difference?
Nothing stops a trial lawyer from calling themselves a litigator or vice versa. The terms are just nomenclature that many personal injury lawyers use to help potential clients find the right professional to represent them.
Moreover, there’s no difference between litigators and trial lawyers in terms of practice areas. A car accident lawyer or nursing home abuse lawyer can go by either title, depending on how they approach cases.
For someone who’s looking for a personal injury lawyer, the difference may matter a lot or not at all. If you specifically wish for your case to go to trial, hiring an experienced trial lawyer would be wise. Otherwise, you might be satisfied with a professional who considers themselves a litigator.
Either way, you should always discuss your options with a prospective attorney before deciding.
Contact Our Gainesville Personal Injury Law Firm at Allen Law Accident & Injury Lawyers in North Central Florida
If you need legal assistance, contact the Gainesville personal injury lawyers at Allen Law Accident & Injury Lawyers at your nearest location to schedule a free consultation today, we’re open 24 hours daily.
We have three convenient locations in Marion County and Alachua County, North Central Florida:
Allen Law Accident & Injury Lawyers – Gainesville Office
2550 SW 76th St #150
Gainesville, FL 32608
(877) 255-3652
Allen Law Accident & Injury Lawyers – Downtown Gainesville
621 W University Ave
Gainesville, FL 32601
(866) 928-6292
Allen Law Accident & Injury Lawyers – Ocala Office
112 S Pine Ave
Ocala, FL 34471
(352) 351-3258
