A TRIAL LAWYER
Trial lawyers have the most comprehensive understanding of the litigation process, because they are the only litigators familiar with the end game: trial. Trial lawyers can narrow their focus – and your legal fees – to the critical evidence needed to win at trial. Indeed, trial lawyers have many advantages, which are described below.
Trial Lawyers Have Trial Skills
Trial lawyers know how to pick a jury, cross-examine witnesses, and present a closing argument. These are just a few of the critical skills of trial lawyers, which many litigators lack simply because they seldom go to trial.
Trial Lawyers Get Better Settlements
Hiring a trial lawyer communicates an important message to your adversary: you are ready and able to fight – even if it means trial. Your adversary is now forced to approach settlement negotiations very seriously, knowing that any unreasonableness will simply lead to trial. If your adversary’s counsel is not a trial lawyer, he may further pressure your adversary to settle, because he himself is afraid of trial.
You always have a better chance of getting a favorable settlement if you are negotiating from a position of strength – and nothing shows strength like the hiring of trial counsel.
Trial Lawyers Prepare Your Case Effectively and Efficiently
The key purpose of litigating a case before trial is to prepare the case for trial, so that when the time for trial arrives, you are in a good position. Only trial lawyers can do this well, because they know how the ultimate contest is fought at trial.
When it comes to preparation, trial lawyers have many advantages:
Throughout the pretrial stages, a trial lawyer will focus on the issues that are important for trial;
A trial lawyer has a deeper understanding of evidence and knows what information he needs for trial;
A trial lawyer knows what questions to ask in depositions and interrogatories to get the evidence needed for trial;
When it comes to expert witnesses, a trial lawyer knows how to choose experts, how to use experts, and how to cross-examine the other side’s experts;
A trial lawyer can avoid unnecessary work (e.g., document discovery and motion practice) and legal fees on issues that are unimportant for trial;
A trial lawyer won’t make arguments during the pretrial stages that compromise your trial position;
When trial comes, a trial lawyer will have prepared your case well, and will have the trial skills to capitalize on this preparation.
In short, a trial lawyer sees the big picture. He will prepare your case effectively and efficiently. He won’t waste effort and legal fees chasing down spurious information or fighting unnecessary legal battles during the pretrial stages. He will focus his efforts on only one goal: how to win at trial. That is how we do it at Phillips Lex. We are a trial law firm.