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February 9, 2017Download PDF

Why You Should Consider Hiring a Trial Lawyer

Statistically, most lawsuits do not make it to trial. Suits are often settled by attorneys long before trial is commenced, or even scheduled on the federal or state court calendars. Cases are resolved, in large part, through pre-suit negotiation, arbitration, mediation, or court-mandated settlement conferences.

It is equally evident that a majority of litigants, and their attorneys, prefer to forgo trials because of the time, expense, and herculean efforts required to successfully present their respective claims to a jury of their peers. In my experience, I have found that a lot of attorneys prefer not to take cases to trial and even dread the thought of having to go to trial. Candidly, trial work is extremely challenging, but this also makes it the most rewarding and exhilarating function of my profession.

Notwithstanding the fact that a majority of legal matters do not see the inside of a courtroom, it is still absolutely critical to hire a lawyer who possesses significant trial experience. Trial lawyers handle every stage of a respective litigant’s case, from inception to resolution. They assess the viability and merits of a legal claim at the start. Trial lawyers may then attempt to resolve a case, pre-suit.

Should a case proceed without resolution, trial lawyers are experienced and qualified in drafting the requisite pleadings to commence a lawsuit in the state or federal court systems, depending on the nature of their clients’ claims. They gather evidence, perform research, and will participate in motion practice, all necessary elements in developing a case for trial. A trial attorney is best suited to examine witnesses, conduct depositions, assess evidence, determine the admissibility of relevant evidence, and to ultimately argue a case in front of a judge and jury.

Beyond possessing this caliber of experience, there are a number of other important rationales for retaining a trial attorney:

• Trial lawyers have handled, and are experienced in, each and every stage of litigation. As such, they will be very able to counsel you in achieving a favorable settlement or jury verdict. Trial lawyers understand the challenges associated with trial practice, and will consequently prepare your case from a very early stage with an eye towards molding your lawsuit into the most presentable and meritorious cause of action attainable. Having tried cases and understanding the process in its entirety, they are able to make enhanced recommendations and decisions concerning the strengths and weaknesses of your lawsuit.

• Hiring a trial lawyer may foster a quicker resolution. In the event you hire an attorney, who possesses these qualifications, the opposing side may wish to resolve a claim more expeditiously. A trial lawyer, who understands the legal process and has extensive experience in the courtroom, will advance the merits of your case and add much-needed reputational value to your lawsuit.

• If your case does go to trial….
If your lawsuit advances to trial, you will want your lawyer to possess extensive trial experience. You will need to be fully prepared, and you will want a trial lawyer who will not be intimidated at the thought of having to go to trial. It is better to be prepared early on just in case your lawsuit is one of the few that turns out to be ripe for trial.

These constitute only a few of the plethora of reasons to retain a trial attorney. Lite DePalma Greenberg Afanador, LLC has a team of successful trial attorneys that I am truly proud to be a part of.