A litigator is a type of attorney who specializes in taking legal action on behalf of clients by representing them in the litigation process or dispute resolution in a courtroom case. Litigators handle all aspects of a case, including pre-trial activities, such as discovery and motions, conduct trials and hearings, and function as a trial advocate for their clients. Additionally, it is common for a litigator to specialize in specific legal fields, such as employment law or personal injury. However, because many litigators are familiar with many legal areas, some may choose to litigate in several law categories. Furthermore, litigators may be hired to work at private law firms or government agencies.
What is the Difference Between a Litigator and a Lawyer?
A litigator is a type of lawyer who specializes in litigating or taking cases to court. All litigators are lawyers, but not all lawyers are litigators. The main goal of a litigator is to get the other party in the case to agree to a settlement or to take the case before a jury and get it decided. When a settlement cannot be reached, a litigator is well prepared to go to trial. Litigators typically have a lot of experience in the courtroom and have a high degree of knowledge and skill in oral arguments, cross-examinations, and other courtroom procedures.
Lawyers, also known as attorneys, are trained to provide legal advice and representation to clients in legal matters. They engage in a broad range of legal matters and may provide advice and assistance on a variety of topics, including criminal law, personal injury law, and family law. Lawyers have the authority to make legal decisions, negotiate settlements, and represent clients in court.
Ultimately, the main difference between a litigator and a lawyer is specialization. While lawyers practice a wide range of legal matters, litigators specialize in taking cases to court and tend to focus on one or a few types of law.
What Does a Litigator Do?
Litigators handle many responsibilities for their clients, including drafting legal documents, investigating cases, court representation, negotiating settlements, and going to trial.
Drafting legal documents is one of the primary tasks for a litigator, as these documents are essential for the lawsuit. The legal documents a litigator may draft include pleas, which are statements by both parties outlining their claims and defenses; complaints, which detail the basis of the lawsuit; counterclaims; and interrogatories, which are questions that each party sends to the other to gather information pertinent to the case.
Investigating the case is a crucial step a litigator must take before entering the courtroom. For a litigator, investigating the case includes gathering all facts that are relevant to the case, interviewing witnesses and taking their statements about what happened, and collecting documents, photographs, and other evidence to support the case.
Court representation is one of the primary duties of a litigator. To give their client the best chance of having a favorable case outcome, a litigator’s court representation duties must include choosing impartial jury members to judge the case fairly, planning an effective way to present the case, and representing their clients during pre-trial motions, trials, and post-trial proceedings.
Negotiating settlements is another aspect of what a litigator does, as not all cases go to trial. If neither party wants the case to go to court, a litigator will work on negotiating a settlement with the opposing party. Negotiating a settlement involves discussing terms and conditions with the other party’s lawyer, trying to secure a settlement that benefits their client, and conducting settlement discussions with the other party to agree on a resolution.
When Should I Hire a Litigator?
You may need to hire a litigator if a dispute between parties, either individuals or businesses, cannot be solved on its own. Before considering hiring a litigator, the parties in a disagreement should try resolving their issue through other legal means that are simpler, cheaper, and faster, such as business meetings between the parties, negotiations through mediation, or arbitration. If an agreement cannot be reached between the parties outside of a lawsuit, then hiring a litigator may be necessary.
Litigators
In short, a litigator is a lawyer who specializes in taking cases to court and seeking settlements from the opposing party. It is important to remember that while all litigators are lawyers, not all lawyers are litigators. If your case looks like it will need to go to trial, it is crucial to sit down with your attorney and ask about their litigation experience. Some attorneys do not handle litigation, and it is best to find that out before your case goes to trial so you can make an informed decision about who to trust with your case.
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