Differences Between an Attorney and Lawyer
Many Legal Professionals Specialize, Holding Themselves Out as Attorneys, Lawyers, Trial Attorneys, or Litigators. Find Out Which You Need to Advocate for You in the Legal System.
When you have a health problem, you want to find a doctor specializing in treating your condition.
This idea applies when you have a legal problem. You want a trained and licensed professional who successfully resolves issues like yours, not an inexperienced person who will have to learn a new area of law at your expense.
But what legal professional do you need: an attorney, lawyer, trial attorney, or litigator?
When you hear the terms attorney or lawyer, many think of trial attorneys who argue in court, examine witnesses, and persuade juries because that is what you often see on TV or in movies. Attorneys like Saul Goodman in Breaking Bad and Better Caul Saul, Elle Woods in Legally Blonde, Perry Mason, Jackie Chiles in Seinfeld, Ally McBeal, Atticus Finch in To Kill a Mockingbird, Tom Cruise as Lt. Kaffee in A Few Good Men, and Denny Crane in Boston Legal have been main characters in shows and films with courtroom drama and comedy.
But the truth is that few lawyers are trial attorneys. Many lawyers graduate law school having never learned trial skills in the classroom or at work and avoid the courtroom and confrontation. Indeed, most modern legal education focuses on reading case law and spotting issues, not arguing or persuading others.
We will go a step further. Many attorneys need to learn where to start to become trial lawyers who effectively advocate for clients in courts of law. While amateur athletes can name the greats in their sports—Michael Jordan or Lebron James in basketball, Messi or Ronaldo in soccer, Tom Brady or Tyreek Hill in football, or Michael Phelps or Katie Ledecky in swimming—few lawyers can name the great trial attorneys like Joe Jamail, Melvin Belli, or Richard Haynes.
This lack of trial experience is acceptable if you need help with an estate plan, will, real estate closing, or even a run-of-the-mill speeding ticket. But you need a trial lawyer who can protect your interests before a jury with skill if you suffered a significant injury, such as a traumatic brain injury (TBI) or a spinal cord injury, or are involved in bet-the-company litigation. Without this threat, you may lose tens of thousands of dollars in settlement talks.
This article explains the similarities and differences between attorneys and lawyers and compares a trial lawyer to a litigator.
If you need a trial lawyer, call (804) 251-1620 or (757) 810-5614 or complete this form. Our attorneys handle all work accident and personal injury litigation phases and will stand with you at trial.
Do Attorney and Lawyer Mean the Same Thing?
Some distinguish attorneys from lawyers, explaining that a lawyer is a person who has completed law school (has a Juris Doctor (J.D.) degree) but has not obtained a license to practice law, while an attorney means a lawyer who has passed the bar, holds a law license, and can represent clients in court.
Indeed, other websites explain that lawyers draft (write) legal instruments and do not appear in court. For example, an immigration lawyer may help with citizenship issues, an estate lawyer may draft wills and trusts, or an intellectual property lawyer may help you obtain a patent, copyright, or trademark.
In contrast, attorneys represent plaintiffs and defendants in the courtroom.
However, the American public and legal profession interchange the terms attorney and lawyer.
For example, Virginia Code Section 54.1-3900 defines an attorney as someone who holds a license or certificate to practice law under Virginia’s laws and has paid the license tax. This statute says that “attorney” means “attorney-at-law.”
Similarly, the Rules of the Supreme Court of Virginia define an “attorney” as a member of the Virginia State Bar, a corporate counsel registrant, a foreign lawyer, a foreign legal consultant, or a member of another jurisdiction’s bar who appears pro hac vice while practicing law in Virginia.
And the Virginia Board of Bar Examiners issues a certificate to persons who pass the bar exam and earn a law license, which allows them to call themselves attorneys and counsellors at law.
However, the Virginia Rules of Professional Conduct use “lawyer” throughout.
No matter the historical origin of each word or the formal definition, in the United States, attorney, attorney at law, and lawyer mean someone with a license to practice law.
What Does an Attorney Do?
At its core, an attorney’s job is to use their knowledge of how the legal system works (procedure) and what laws may apply to a given situation (substantive law) to investigate and discover facts and make arguments that help their clients obtain favorable outcomes.
Obtaining this goal may require the attorney to:
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- Investigate the facts, including interviewing witnesses and talking to subject matter experts
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- Research the law to see what court has jurisdiction over the matter, what local rules apply, or what causes of action exist.
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- Explain legal rights and obligations to clients and how the government, private parties, or courts may enforce them.
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- Draft contracts or pleadings
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- Review proposed contracts and make edits or suggestions,
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- Argue in court (through oral argument and written briefs) that specific rules, statutes, or case law (judicial precedent) apply to the lawsuit.
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- Advocate for clients in administrative hearings, such as workers compensation or administrative law judge (ALJ) hearings in Social Security disability cases.
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- Negotiate with the opponent and their lawyer to settle the dispute.
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- Evaluate a client’s proposed court of action and the legal risks involved.
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- Present a client’s position before an executive body, such as a planning commission or city council.
Headed to Court: Do You Need a Trial Attorney or a Litigator?
Although no official designation exists, many legal professionals who handle lawsuits distinguish trial attorneys from litigators. Attorneys know who amongst them will try cases and who would rather not.
As one judge said to attorneys in her courtroom:
“You need to be trial lawyers. A litigator drinks wine and takes depositions. A trial lawyer drinks whiskey and tries cases.”
This quote oversimplifies things because good personal injury lawyers need a litigator’s skills to obtain favorable evidence through discovery and try the case. And good trial lawyers know what discovery devices to use to gain leverage that leads to settlements. Alternatively, they can have a colleague whose strengths complement their skills work on the case.
Now, let’s delve into a detailed comparison between litigators and trial attorneys, two distinct skill sets in the legal profession.
Litigators
Litigators aim to use pretrial disclosures, discovery (interrogatories, requests for admissions, document production, depositions, and subpoenas), and legal motions (such as a motion to dismiss or a motion for summary judgment) to terminate a case or negotiate a personal injury settlement without trial.
Excellent writing abilities, patience, organization, the willingness to read thousands of pages of documents, and negotiation skills are critical for litigators.
Trial Attorneys
In contrast to litigators, trial lawyers want their clients to have their day in court and confront the opponent whose wrongdoing caused harm so they can receive the largest jury verdict possible.
Generally, trial attorneys are more comfortable in court or fighting during arguments than litigators.
Trial lawyers must:
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- Use jury selection to pick favorable jurors.
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- Know the applicable evidence rules to get critical testimony or documents into the record or keep the opponent’s evidence away from the jury through a motion in limine.
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- Have strong communication skills that allow them to tell the client’s story creatively.
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- Know how to examine and question witnesses.
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- Find the details that will matter to jurors to offer a concise story.
Trial attorneys are today’s storytellers.
Why You Should Call a Trial Lawyer First
Most litigants resolve their disputes through a settlement before trial.
So, you might ask yourself, “Why not hire a litigator instead of a trial attorney?”
Although that approach seems sensible initially, it could lower your settlement or increase the likelihood that a jury will decide your case.
Defendants, particularly insurance companies and claim administrators involved in thousands of lawsuits, know which lawyers are trial attorneys and which are litigators.
Your attorney’s willingness to go to trial and skill obtaining jury verdicts, or lack thereof, often affects the insurer’s settlement offers. So does a trial lawyer’s experience knowing what evidence persuades juries to award damages, which helps formulate a discovery plan. The insurance company will pay more to settle a case involving a trial attorney because it knows a large verdict is possible. In contrast, the insurer may lowball you if it thinks your attorney is a litigator scared of a trial who will recommend any settlement to avoid the courtroom.
Therefore, hiring a known litigator may put you in a situation where you must go to trial because the settlement offer is too low.
Instead, look for a trial attorney who has built a team of lawyers with litigation skills or has developed those skills themselves.
Do You Have a Trial Lawyer or Litigator?
The best way to determine if you have a trial attorney is to ask your lawyer (1) how many hearings or trials they have handled and (2) what results they have obtained. A record of success, even through negotiated settlements, is a sign that insurers fear your attorney at trial.
Are You Ready to Speak with a Trial Attorney?
Bringing a civil action is stressful.
Call us today to see if we are the right fit for your case. We are trial attorneys who get results.
If we do not handle your type of case or think someone else could better serve you, we will point you toward the right lawyer.
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