What Does a Trial Lawyer Do?
Written by AskTheLawyers.com™ on behalf of John Romano with Romano Law Group.
While any lawyer can go to trial, some lawyers have more experience than others in this area. In fact, trial lawyers often pursue additional training in client advocacy and may be more likely to take a case to court rather than settling out of it. Although a trial lawyer can certainly negotiate for a fair settlement outside of court as well, one of their greatest strengths is that they are not afraid to take a case to trial if the opposing party is not dealing fairly with their client.
In fact, opposing legal counsel are typically aware of a trial lawyer's experience and litigation habits, meaning that they may be more likely to offer a better settlement up front rather than risk a costly trial process that the trial lawyer is more likely to win.
Trial lawyers spend time in court.
Perhaps the most concise way to explain what a trial lawyer does is to simply say that trial lawyers go to court. While these lawyers are under no requirement to go to court, they typically spend much more time in the courtroom working through the actual trial process than other attorneys in the same practice area but without the same experience might.
Many attorneys focus more so on the settlement negotiation process, hoping to settle their client’s matter out of court rather than go through the often grueling, costly, and stressful trial procedures. However, trial lawyers are no strangers to these procedures and what might be grueling for another attorney is likely par for the course for them.
Trial lawyers are particularly helpful in cases where the defendant is not expected to cooperate.
For example, if you or a loved one were injured in a car accident with a semi-truck, it might be wise to seek out the specific experience of a trial attorney. This is due primarily to the fact that large trucking companies often have their own legal and insurance teams, which can often result in low-ball settlement offers that are insufficient to pay for the totality of the injured party’s damages.
However, a trial lawyer can even the playing field between a trucking company and the accident victim; not only can a trial lawyer argue for a fair settlement upfront, but if an acceptable settlement is not reached, they have no problem going to court to exercise their client’s right to recovery. This concept applies to any kind of case in which the defendant is not cooperating or is not expected to cooperate.
Trial lawyers are familiar with courtroom procedure.
Many lawyers spend the larger part of their career outside of the courtroom. While some may foray into court here and there, many lawyers find that they never need to go to court because they are able to achieve successful settlements in negotiation. While this is perfectly fine in many cases, it could result in the client missing out on a higher verdict in court.
A trial lawyer is typically so experienced with courtroom protocol and procedure that they have no hesitation taking a case to court if there is a reasonable possibility of a higher verdict. Trial lawyers can offer clients a better chance at recovery both by inspiring a fair settlement right away or by ensuring a client's interest and rights are protected and pursued all the way into the courtroom, a right guaranteed by the Constitution of the United States.
Trial lawyers cost the same as personal injury lawyers who do not go to trial.
What might come as a surprise to some people is that personal injury trial lawyers do not necessarily charge more than another personal injury lawyer. In fact, most personal injury lawyers offer free consultations and even work on a contingency fee basis, trial lawyers included. This means that the client does not have to pay for the attorney’s services unless and until their case is won. This allows people dealing with a difficult case to benefit from the experience of a trial attorney without having to worry about an increase in out-of-pocket expenses.
To learn more about what a trial lawyer does or to discuss representation for your case, reach out to an experienced trial lawyer in your area.