When most people think about legal professionals, the term “lawyer” probably comes to mind. It’s easy to assume that all lawyers do the same things, but there are many different types of lawyers who do different things. This can be confusing when you need legal help.
One key distinction to understand is the difference between a lawyer and a litigator. All litigators are lawyers, but not all lawyers are litigators. Litigators specialize in handling disputes in a courtroom setting. So, what do other lawyers do?
This article will break down the differences between lawyers and litigators — and explain the different roles, skills, and career paths available to each type of legal professional. Whether you’re seeking legal assistance or considering a career in law, understanding these distinctions is essential.
Lawyer vs. Litigator: Defining the Roles
What’s the difference between a lawyer and a litigator? While the terms are sometimes used interchangeably, there are important distinctions.
What is a Lawyer?
A lawyer is a licensed legal professional who can provide a wide array of legal services. Lawyers advise clients on their legal rights and responsibilities, draft legal documents like wills and contracts, and represent clients in negotiations and other legal matters.
Lawyers may specialize in a certain area of law, such as corporate law, real estate law, or family law. Their work isn’t limited to the courtroom; they also provide advice and handle transactions.
What is a Litigator?
A litigator is a lawyer who specializes in representing clients in court and other contested legal proceedings. Litigators manage cases from the initial filing of a complaint all the way through the appeals process, if necessary.
Their expertise lies in courtroom procedure, trial advocacy, and various methods of dispute resolution, such as arbitration and mediation. Litigators can be found working in areas such as criminal defense, civil lawsuits, and corporate law.
Education, training, and licensing
Both lawyers and litigators have to complete a lot of schooling.
First, they need a bachelor’s degree, followed by a Juris Doctor (J.D.) degree. Then, they need to pass the bar exam in the state where they want to practice.
Litigators usually get specialized training in trial advocacy, courtroom procedures, and how to present evidence in court. This might involve courses, workshops, and internships that focus on litigation skills.
If you want to become a litigator, you’ll need to:
- Earn a high school diploma
- Complete a bachelor’s degree program
- Take the Law School Admission Test (LSAT)
- Get a Juris Doctor (J.D.)
- Pass the bar exam
- Apply to law firms
Core Responsibilities and Duties
Although the terms “lawyer” and “litigator” are often used interchangeably, there are distinct responsibilities associated with each role.
Responsibilities of a Lawyer
A lawyer’s duties are broad and encompass a wide range of legal activities. Lawyers provide advice and counsel to clients, explaining their rights and obligations under the law. They also draft legal documents such as contracts, wills, and trusts, focusing on legal research and preventing future litigation. Lawyers often negotiate settlements and agreements on behalf of their clients, handling advisory, transactional, and litigation matters.
Responsibilities of a Litigator
A litigator, on the other hand, specializes in representing clients in court. Their responsibilities include assessing the merits of a case and developing a litigation strategy. Litigators conduct discovery, which involves gathering evidence through depositions and interrogatories. They also represent clients in court through trials, hearings, and motions, strategizing for each stage of the litigation process, including pleading, discovery, investigation, pre-trial, settlement, trial, and appeal.
Essential Skills and Qualities
Whether you’re a lawyer or a litigator, there are certain core skills you’ll need to succeed. But litigators also need a specialized skillset to thrive in the courtroom.
Shared Skills
Both lawyers and litigators need:
- Strong analytical and problem-solving abilities. Analyzing complicated legal issues requires critical thinking.
- Excellent communication and interpersonal skills. You’ll need to communicate well with clients, colleagues, and the court.
- Thorough legal research and writing skills. You’ll need to conduct comprehensive research and articulate your findings clearly and persuasively.
Litigator-Specific Skills
Litigators also need:
- Oral advocacy and courtroom presence. You’ll need to be persuasive and confident when presenting arguments in court.
- Ability to think quickly and adapt to changing circumstances. You’ll need to respond effectively to unexpected developments during a trial.
- Negotiation, observation, communication, and adaptability.
Career Paths and Opportunities
Both lawyers and litigators have lots of career options. You can find them working in private law firms, in the legal departments of corporations, and in government agencies.
Lawyers often specialize in a particular area of the law, like environmental regulations or intellectual property. Litigators might advance to become partners in a law firm or even judges.
According to recent salary surveys, litigation attorneys in the US make around $119,058 per year on average. The US Bureau of Labor Statistics predicts a 10% increase in the number of lawyer jobs in the next few years, so the career outlook is promising.
Choosing the Right Legal Professional
Finding the right legal help starts with identifying your needs. Do you need someone to represent you in court, or do you need general legal advice?
- If you have a dispute that will likely go to court, you need a litigator.
- If you need help with contracts, preventative measures, or general advice, you need a lawyer.
Once you know what kind of professional you need, start researching. Look online, use a referral service, or ask for recommendations.
Make sure they have experience with cases similar to yours and that they’re properly credentialed.
Talk to a few different attorneys to see how well they communicate and how responsive they are. Ask about their fees, hourly rates, and reimbursement policies.
Frequently Asked Questions
What does it mean when a case goes into litigation?
When a case goes into litigation, it means that the parties involved haven’t been able to resolve their dispute through negotiation or other means, and they’re now pursuing a resolution through the court system. This involves filing lawsuits, engaging in discovery (gathering evidence), and potentially going to trial.
What does it mean if someone is in litigation?
If someone is “in litigation,” it simply means they are involved in a legal dispute that is being actively pursued in the courts. They could be the one who initiated the lawsuit (the plaintiff) or the one being sued (the defendant). It implies an ongoing process of legal maneuvering to resolve the matter.
How is a litigator different from a lawyer?
While all litigators are lawyers, not all lawyers are litigators. A lawyer is a general term for someone who has graduated from law school and is licensed to practice law. A litigator, on the other hand, is a lawyer who specializes in handling cases that go to court. They are skilled in courtroom procedures, evidence presentation, and legal argumentation. Other lawyers might focus on transactional work, like drafting contracts or providing legal advice outside of a courtroom setting.
Final Thoughts
Lawyers and litigators both work in the legal field, but there are key differences between them. A lawyer’s work can include a broad range of legal services, while a litigator specializes in representing clients in court.
When you need legal help, it’s important to choose the right professional for your specific needs. What kind of legal problem are you dealing with? What kind of experience does the attorney have? And what’s their communication style like?
Understanding the different roles within the legal profession can help you make informed decisions and navigate the legal system more effectively. By considering your needs and the attorney’s skills, you can find the right advocate to represent your interests.