What is a Litigation Attorney-and Do You Need One?
“We’re litigators!”
You’ve probably heard attorneys say that. But what exactly does that mean, in the business law context — and what is the difference between a “litigation attorney” and “non-litigation attorneys,” and which is better for your business?
No Real Definitions
First, neither the Florida Bar, nor the American legal system, specifically defines what an attorney’s label or practice area actually means — “estate attorney,” “personal injury attorney,” “corporate attorney,” “trial lawyer” or other terms like that, mean whatever the attorney wants it to mean — there is no one set definition of what these kinds of terms mean or how or when they can or must be used.
Litigation Attorneys
That said, tradition and history have given us definitions as to what these kinds of terms, including “litigation attorney,” have come to mean.
Litigation attorneys are attorneys that go to trial, and try cases before a judge and a jury. That may be trying cases in any area of law, so just being a litigation attorney, doesn’t tell you whether the attorney specializes in business litigation or employment litigation or commercial litigation or something else entirely.
Litigation attorney is also misleading, because although it does mean an attorney who tries cases, a litigation attorney can do and often does more than that. So, for example, a business attorney might know a great deal about business, corporate law, or employment law, but because she also goes to court, calls herself a “litigation attorney.”
The opposite is true as well — just because an attorney calls himself a business law or corporate attorney doesn’t mean that the attorney has no idea how to try cases in court or that the attorney lacks any experience in court.
What About Non-Litigation Attorneys?
Sometimes, the word “corporate attorney” or “transactional attorney,” is used to mean that an attorney does not go to court, or even handle lawsuits.
That attorney may handle forming companies, mergers and acquisitions, staying in compliance with laws and regulation, or drafting corporate documents or contracts. Many corporate attorneys don’t ever go to trial or handle lawsuits — but some do, even though they call themselves corporate attorneys.
Who Do You Need?
What’s best for you, depends on your needs, but it is always best to have a lawyer or law firm that has some experience both in and out of court.
A litigation attorney will know what kinds of things people fight over, and how judges or juries might react to decisions that your business makes, because that attorney has experience going to court. At the same time, the litigation attorney may not know all the details about highly specialized corporate documents or government regulations that affect your business.
The best route is to ask your lawyer questions, to ask about his or her experience, and if possible, find a law firm that has attorneys with a wide range of experience, so that you have a full service firm at your disposal.
We’re a full service business and employment law firm. Call our West Palm Beach commercial litigation attorneys at Pike & Lustig to help you and your business.
