Lawyer vs. Litigator — What's the Difference?
By Tayyaba Rehman & Fiza Rafique — Updated on May 13, 2024
A lawyer is a professional trained in law and licensed to practice; a litigator is a type of lawyer specializing in handling lawsuits and court proceedings.
Difference Between Lawyer and Litigator
Table of Contents
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Key Differences
A lawyer is a general term for anyone who has been trained in the law and is authorized to advise clients on legal matters and represent them in legal issues. This broad category includes various types of law practice such as corporate law, estate planning, criminal law, and more. On the other hand, a litigator, also known as a trial lawyer, specializes specifically in litigation, which involves resolving disputes in court.
While all litigators are lawyers, not all lawyers are litigators. Litigators focus primarily on taking legal action against individuals and entities and defending their clients in court. They manage all phases of litigation from the investigation, pleadings, and discovery through the pre-trial, trial, settlement, and appeal processes. Conversely, many lawyers may never see the inside of a courtroom. For instance, those specializing in tax law, intellectual property (outside of court disputes), or contract drafting.
The skills required for a successful litigator include a strong ability to argue a case in front of a judge or jury, conduct research and discovery effectively, and craft persuasive oral and written arguments. Whereas, other lawyers might focus more on drafting documents, negotiating deals, or providing legal consultation in a less adversarial context.
Litigators must be very familiar with the courtroom and trial procedures, and they often work long hours when preparing for a trial. In contrast, other types of lawyers might have more regular hours and predictability in their work, especially those who engage in transactional practice areas.
Both litigators and other types of lawyers require a deep understanding of the law, but litigators must also be adept in the strategies and tactics of presenting a case in court and persuading a judge or jury. This makes litigators particularly specialized within the field of law.
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Comparison Chart
Definition
Trained legal professional, licensed to practice law.
Lawyer specializing in handling lawsuits.
Scope of Work
Broad, can include various fields of law.
Specifically focused on litigation.
Courtroom Involvement
Varies, not all appear in court.
Regularly appears in court.
Skills
Legal advice, document drafting, negotiation.
Arguing cases, trial strategy, litigation management.
Work Environment
Can be diverse, including offices or remote.
Often involves courtroom appearances and high-pressure environments.
Compare with Definitions
Lawyer
Represents clients in legal matters.
The corporate lawyer negotiated a contract on behalf of her company.
Litigator
Works under high pressure, especially near trial dates.
The litigator worked long nights to meet the trial deadlines.
Lawyer
Advises clients on legal rights and obligations.
As a family lawyer, he provides advice on adoption procedures.
Litigator
Manages all aspects of litigation.
The litigator handled the discovery process and gathered necessary evidence.
Lawyer
Licensed by a state bar association to practice law.
After passing the bar exam, he became a licensed lawyer.
Litigator
A lawyer who specializes in court cases.
The litigator prepared her client’s case for trial.
Lawyer
May specialize in various legal fields.
She is a lawyer focusing on intellectual property rights.
Litigator
Often spends time in courtrooms.
As a seasoned litigator, he is very comfortable arguing cases before a judge.
Lawyer
A lawyer or attorney is a person who practices law, as an advocate, attorney at law, barrister, barrister-at-law, bar-at-law, canonist, canon lawyer, civil law notary, counsel, counselor, solicitor, legal executive, or public servant preparing, interpreting and applying the law, but not as a paralegal or charter executive secretary. Working as a lawyer involves the practical application of abstract legal theories and knowledge to solve specific individualized problems, or to advance the interests of those who hire lawyers to perform legal services.
Litigator
Focuses on dispute resolution through legal proceedings.
The litigator successfully negotiated a settlement before the case went to trial.
Lawyer
One whose profession is to give legal advice and assistance to clients and represent them in court or in other legal matters.
Litigator
To prosecute or defend (a lawsuit or legal action); pursue (a legal case).
Lawyer
A professional person with a graduate law degree that qualifies for legal work (such as Juris Doctor)
Litigator
To bring a lawsuit or defend against a lawsuit in court.
Lawyer
A professional person qualified (as by a law degree or bar exam) and authorized to practice law as an attorney-at-law, solicitor, advocate, barrister or equivalent, i.e. represent parties in lawsuits or trials and give legal advice.
A lawyer's time and advice are his stock in trade. - aphorism often credited to Abraham Lincoln, but without attestation
Litigator
A person employed to litigate, a lawyer skilled in arguing in court.
Lawyer
(by extension) A legal layman who argues points of law.
Litigator
One who litigates.
Lawyer
The burbot.
Litigator
(law) a party to a lawsuit; someone involved in litigation;
Plaintiffs and defendants are both litigants
Lawyer
The stem of a bramble.
Lawyer
Any of various plants. en
Lawyer
To practice law.
Lawyer
(intransitive) To perform, or attempt to perform, the work of a lawyer.
Lawyer
(intransitive) To make legalistic arguments.
Lawyer
To barrage (a person) with questions in order to get them to admit something.
You've been lawyered!
Lawyer
One versed in the laws, or a practitioner of law; one whose profession is to conduct lawsuits for clients, or to advise as to prosecution or defence of lawsuits, or as to legal rights and obligations in other matters. It is a general term, comprehending attorneys, counselors, solicitors, barristers, sergeants, and advocates.
Lawyer
The black-necked stilt. See Stilt.
Lawyer
A professional person authorized to practice law; conducts lawsuits or gives legal advice
Lawyer
A professional who practices law.
The lawyer advised her client on estate planning.
Common Curiosities
What is a lawyer?
A lawyer is a trained and licensed professional who advises and represents others in legal matters.
Can all lawyers handle lawsuits?
While all lawyers are legally qualified, not all have the training or experience to handle lawsuits effectively like litigators do.
What kind of training does a litigator require?
Beyond basic legal education, litigators often undergo specialized training in trial advocacy and litigation management.
What does a litigator do?
A litigator specializes in handling lawsuits and represents clients in court from the start to the end of the litigation process.
Is litigation more expensive than other legal services?
Litigation can be more costly due to the extensive preparation and court time required.
Why might someone choose a litigator over a general lawyer?
If facing a legal dispute that may go to court, choosing a litigator would be beneficial due to their specialized skills in managing and arguing lawsuits.
Are there different types of litigators?
Yes, litigators can specialize in areas like criminal law, civil litigation, or commercial litigation.
What's the difference in workload between a lawyer and a litigator?
Litigators often have fluctuating workloads that increase significantly during trial preparation, while other lawyers may have more consistent work schedules.
How long does it take to become a litigator?
Becoming a litigator generally requires the same legal education as other lawyers, followed by additional on-the-job training in litigation.
What educational background is required to be a litigator?
A litigator requires a law degree and typically additional training in trial advocacy.
What are the key skills of a successful litigator?
Key skills include strong analytical abilities, excellent public speaking, and the ability to construct persuasive arguments.
Can a lawyer switch to becoming a litigator?
Yes, with the necessary training and experience, a lawyer can transition into a litigation role.
How does one choose between a lawyer and a litigator when seeking legal help?
Choose based on the nature of the legal issue; use a litigator for matters likely to involve court disputes.
Are litigators always necessary in legal disputes?
Not always; some disputes can be resolved through mediation or arbitration without going to court.
What makes a good litigator stand out?
A good litigator is persuasive, thorough in preparation, and adept at handling unexpected developments in the courtroom.
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Written by
Tayyaba RehmanTayyaba Rehman is a distinguished writer, currently serving as a primary contributor to askdifference.com. As a researcher in semantics and etymology, Tayyaba's passion for the complexity of languages and their distinctions has found a perfect home on the platform. Tayyaba delves into the intricacies of language, distinguishing between commonly confused words and phrases, thereby providing clarity for readers worldwide.
Co-written by
Fiza RafiqueFiza Rafique is a skilled content writer at AskDifference.com, where she meticulously refines and enhances written pieces. Drawing from her vast editorial expertise, Fiza ensures clarity, accuracy, and precision in every article. Passionate about language, she continually seeks to elevate the quality of content for readers worldwide.
