What’s the Difference Between an Attorney and a Trial Attorney?

July 16, 2024 | Winters & Yonker Personal Injury Lawyers | Personal Injury

In the world of lawyers, there is a difference between an attorney and a trial attorney. When most people think of lawyers, they think of someone who stands up in court and presents a case to a jury. High-profile criminal cases often set the standard for what people think an attorney does.

However, not all attorneys go to trial. Only trial attorneys go to court to argue a client’s case. An attorney is someone with a law degree who passed the state bar exam and usually practices in a certain area of law, such as wills and estate planning.

A trial attorney is an attorney who takes a client’s case to court. Being a trial attorney requires having a different skill set than other attorneys.

What Do Attorneys Do?

A general attorney must have certain skills to represent a client.

These skills include the ability to:

Analyze and apply the law. All attorneys must understand the law that applies in the area in which they practice. The attorney must understand how the law affects the ability to reach the client’s goals.
Counsel clients as to how the law applies to them. An attorney will be skilled in explaining the law to clients and how it affects their goals.
Prepare legal documents. Many attorneys are involved in legal paperwork. They may prepare wills, adoption papers, or business documents. These attorneys use their skills and legal knowledge to prepare documents that conform to the law.

Provide advice. An attorney is also a counselor, and providing advice to clients as to what they may legally do is a large part of the practice.

What an attorney does daily often depends on the specific areas in which they practice.

What Do Trial Lawyers Do?

A trial attorney must have not only the skills of a general attorney but additional skills.

These include:

Strategic skills. A good trial attorney will be trained in how to best present the client’s case in court. Trial attorneys must decide what kind of evidence they will present and which witnesses will provide the best testimony for the case. They must know the opposing party’s case and devise a plan to counter the evidence that the opposing party will present.
The ability to connect with a jury. This is a specialized skill that trial attorneys try to hone to perfection. Trial attorneys are involved in selecting the jurors who will hear their case, so the attorney must be able to connect with them on a personal level. The presentation of evidence and witnesses is designed to influence the jury, so the trial attorney must be able to connect with the jury on a legal level as well.
Knowledge of legal evidence and procedural rules. In court, rules of evidence and rules of procedure govern how a trial attorney may present evidence to the jury and to the court. A trial attorney must be well versed in these rules to get documents and testimony into evidence and before the jury.
The ability to question witnesses. Evidence comes before the jury in the form of witness testimony, so being adept at asking questions of witnesses to elicit the right evidence is critical to a trial attorney’s case. Asking questions of opposing witnesses (cross-examination) is also important to tear down the other side’s case.

Trial attorneys are said to be able to “think on their feet.” This means that when an issue arises at trial, the attorney does not have the luxury of sitting down, looking up the issue in a law book, and preparing an argument. The trial attorney must address the issue in an immediate manner based on his or her knowledge of the law and the facts of the case. This quick thinking is a hallmark of a good trial attorney.

Trial Attorneys Expect Litigation

General practitioners do not usually consider going to court as part of their practice. They advise clients and perform legal work that is intended to prevent litigation. Trial attorneys think and act as if they were going to court with each case.

This outlook gives a trial attorney an advantage over a general attorney when it comes to the settlement of a case. For example, in a personal injury case, an insurance adjuster may use different strategies when it comes to settling, depending on whether the injured person is represented by an attorney or a trial attorney. It knows the trial attorney has the skills and experience to take the case to trial, which is more expensive for the insurance company.

An attorney is more likely looking for a settlement and reluctant to go to trial. This may result in a higher settlement offer for the trial attorney’s client.

Contact a Tampa Personal Injury Lawyer from Winters & Yonker Personal Injury Lawyers for Help Today

Not all attorneys are trial attorneys. Trial attorneys have skills and experience in courtroom practice, which can make them better able to settle claims than attorneys who do not routinely go to court.

For more information, please contact Winters & Yonker Personal Injury Lawyers to schedule a free consultation with a personal injury lawyer in Tampa today. We have five convenient locations in Florida, including Tampa, Clearwater, St. Petersburg, New Port Richey, and Lakeland.

We proudly serve Hillsborough County, Pinellas County, Pasco County, Polk County, and its surrounding areas:

Winters & Yonker Personal Injury Lawyers – Tampa Office
601 W Swann Ave, Tampa, FL 33606
(813) 223-6200

Winters & Yonker Personal Injury Lawyers – Clearwater Office
600 Bypass Dr Suite 224-D, Clearwater, FL 33764
(727) 493-4418

Winters & Yonker Personal Injury Lawyers – St. Petersburg Office
111 2nd Ave NE Suite 350, St. Petersburg, FL 33701
(727) 314-5988

Winters & Yonker Personal Injury Lawyers – New Port Richey Office
5006 Trouble Creek Rd Unit #200, Port Richey, FL 34652
(727) 910-5060

Winters & Yonker Personal Injury Lawyers – Lakeland Office
1543 Lakeland Hills Blvd Suite 18, Lakeland, FL 33805
(863) 251-6196