A trial lawyer is an attorney who represents a client in a contested court case and presents legal arguments, evidence, and witnesses before a judge or jury. Trial lawyers handle two broad categories of cases: civil cases, such as personal injury claims and business disputes, and criminal cases, such as misdemeanors and felonies.
A trial lawyer may work on a case long before the trial begins. The lawyer investigates the facts, prepares legal filings, conducts discovery, argues pretrial motions, negotiates with the opposing side, and presents the case in court.
Trial Lawyer at a Glance
| Term | Meaning |
|---|---|
| Trial lawyer | A lawyer who prepares and presents a case in court |
| Litigator | A lawyer who handles disputes through the court process, whether or not the case reaches trial |
| Civil trial lawyer | A lawyer who represents a person or organization in a non-criminal dispute |
| Criminal trial lawyer | A lawyer who represents a person accused of a crime or, in some cases, the government |
| Trial | A formal proceeding where the parties present evidence and witnesses before a judge or jury |
What Does a Trial Lawyer Do?
A trial lawyer evaluates the case, prepares the legal arguments, negotiates with the opposing side, and represents the client in court.
1. Evaluates the Case
The lawyer reviews documents, interviews witnesses, identifies legal issues, and assesses the strengths and weaknesses of the claim or defense.
2. Prepares the Legal Case
Preparation may include:
- Filing or responding to a complaint, indictment, answer, or motion
- Researching statutes, regulations, and court decisions
- Collecting records, photographs, videos, and other evidence
- Identifying and preparing witnesses
- Working with expert witnesses
- Conducting depositions and other discovery
- Filing motions to limit evidence or resolve legal issues before trial
In civil cases, discovery is the pretrial process used to obtain relevant information from the opposing party and prepare for trial.
3. Negotiates a Settlement
Many disputes resolve before trial. A trial lawyer may negotiate a settlement, participate in mediation, or advise the client about whether accepting a proposed resolution is better than continuing toward trial.
A lawyer who prepares a case for trial can evaluate a settlement offer based on the evidence, legal arguments, costs, risks, and possible outcome.
4. Represents the Client in Court
At trial, the lawyer may:
- Select a jury
- Make opening and closing statements
- Present documents and physical evidence
- Question witnesses
- Cross-examine opposing witnesses
- Make objections
- Argue questions of law to the judge
- Explain how the evidence supports the client's position
Federal court trial procedures commonly include jury selection, opening statements, presentation of evidence, witness testimony, closing arguments, and jury deliberations. A bench trial takes place before a judge without a jury.
What Types of Cases Does a Trial Lawyer Handle?
A trial lawyer may handle civil cases, criminal cases, or both, depending on the lawyer's practice.
Civil Cases
Civil trial lawyers represent plaintiffs or defendants in disputes such as:
- Personal injury claims
- Medical malpractice lawsuits
- Product liability cases
- Employment disputes
- Contract and business litigation
- Property disputes
- Civil rights claims
- Insurance disputes
- Professional negligence cases
In a typical federal civil case, the plaintiff must generally prove the claim by a preponderance of the evidence. This means the claim is more likely true than not true.
Criminal Cases
Criminal trial lawyers may represent:
- People under investigation
- Defendants charged with misdemeanors or felonies
- People facing serious sentencing consequences
- The government in criminal prosecutions
A criminal defense trial lawyer may challenge the prosecution's evidence, file motions, cross-examine witnesses, and present a defense at trial. In federal criminal cases, the government generally must prove guilt beyond a reasonable doubt.
In serious federal criminal prosecutions, an accused person who cannot afford a lawyer may have a constitutional right to appointed counsel. Civil defendants generally do not have the same automatic right to a court-appointed lawyer.
What Is the Difference Between a Trial Lawyer and a Litigator?
A litigator handles legal disputes through the litigation process. A trial lawyer focuses on preparing for and conducting trials.
The terms often overlap, but not every lawsuit reaches trial. A litigator may spend most of a case handling pleadings, discovery, motions, negotiation, arbitration, or mediation. A trial lawyer must also be prepared to present the case in court if settlement is unsuccessful.
The American Bar Association describes trial practice as including litigation, pretrial preparation, courtroom advocacy, and appeals-related work throughout legal proceedings.
When Should You Hire a Trial Lawyer?
You should consider speaking with a trial lawyer when:
- You have been sued or formally accused of wrongdoing
- You face criminal charges or a serious investigation
- The opposing party has hired a lawyer
- The dispute involves substantial money, property, business interests, or personal consequences
- A settlement offer requires legal evaluation
- The case may require expert witnesses, depositions, or a jury trial
- You have received a court summons, complaint, subpoena, indictment, or important deadline
Early legal advice can matter because court deadlines, evidence preservation, and legal strategy may affect the case before a trial date is scheduled.
How Do You Choose a Trial Lawyer?
When choosing a trial lawyer, ask whether the lawyer:
- Handles cases in the court where your matter is pending
- Regularly practices in the area of law involved
- Has experience with cases that required trial, not only settlement
- Can explain the likely risks, costs, and timeline
- Will personally handle important court appearances or identify the lawyer who will
- Provides a written fee agreement explaining legal fees and case expenses
Fee arrangements vary. Personal injury lawyers commonly use contingency agreements, while other trial lawyers may charge hourly rates, retainers, flat fees, or a combination. A contingency fee agreement should explain how the fee is calculated and which expenses remain the client's responsibility.