Litigator vs Lawyer: An Extensive Exploration
With multiple terms like lawyer, attorney, barrister, and solicitor in use in the legal industry, it can sometimes become confusing to discern these roles. In this article, we will dive into the differences between a litigator and a lawyer, two terms that are often misunderstood to mean the same thing.
At a high level, all litigators are lawyers, but not all lawyers are litigators. Understanding the nuances of these two roles will provide clarity to anyone who needs to navigate the legal landscape.
Who is a Lawyer?
A ‘lawyer’ is a broad term used to describe a professional who has earned a law degree (a J.D. or its equivalent) and has been admitted to the bar in their jurisdiction, therefore, being qualified to practice law. They can offer advice on a swath of legal matters, prepare legal documents such as contracts and wills, and represent clients in lower courts.
So, What is a Litigator?
On the other hand, a ‘litigator’ is a type of lawyer who has specialized in handling lawsuits or litigation. Litigation is the process of taking a case through court to enforce a particular right. As such, litigators, also known as trial lawyers, represent plaintiffs and defendants in civil lawsuits. They manage all phases of the litigation process from the investigation, pleadings, and discovery through the pretrial, trial, settlement, and appeal processes.
Duties of Lawyers and Litigators
Lawyers not specializing in litigation could have a wide array of duties based on their chosen discipline. They could be involved in activities like contract creation, estate planning, counselling clients on their legal rights, and in certain instances, representing clients in courtrooms.
Litigators’ tasks, however, are more specific. They are engaged once there is a dispute that cannot be solved otherwise and it has proceeded or is likely to proceed to court. Pre-trial discoveries, appearing in court, gathering evidence, formulating legal strategies, jury selection, and negotiation for settlements are all part of a litigator’s daily job.
Deciding Between a Lawyer and a Litigator
Deciding whether you need a general lawyer or a litigator depends on your specific situation. If you can foresee that your situation will lead to a lawsuit, working with a litigator from the start may provide a strategic advantage. While all litigators are lawyers, not every lawyer will have the specialized experience that a litigator has. On the other hand, for needs such as preparing a will, navigating regulatory laws, or getting a divorce, a general lawyer would suffice.
Closing Thoughts
In essence, while all litigators are lawyers, not all lawyers are designed to handle the pressures and intricacies of courtroom battles. Lawyers can handle legal matters without stepping foot in a courtroom, whereas litigators are specifically trained and experienced to represent their clients in legal disputes that are argued in court.
Therefore, understanding the difference between a litigator and a lawyer is vital to select the most appropriate representation according to one’s legal needs.