What is the Difference Between Lawyer and Litigator?

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The main difference between a lawyer and a litigator lies in their specialization and the scope of their work. Here are the key differences:

  1. General scope: A lawyer is a professional who has earned a law degree and has been licensed to practice by their respective jurisdiction. They can provide legal advice, draft legal documents, and represent clients in legal negotiations and court proceedings. A litigator, on the other hand, is a lawyer who specializes in taking cases through the court process, focusing on representing clients in civil lawsuits and managing all phases of the litigation process.
  2. Specialization: While all litigators are lawyers, not all lawyers are litigators. Litigators typically have more experience in the courtroom and may be better equipped to handle complex cases. Their primary responsibilities include preparing cases for trial, conducting discovery, managing pretrial motions, trying cases, and overseeing appeals.
  3. Areas of practice: Lawyers can specialize in various areas of law, such as criminal law, family law, corporate law, and more. Litigators, however, are experts in the litigation process, which involves taking a case through court to resolve a dispute.
  4. Goals: The difference between a litigator and a trial attorney comes down to their ultimate goals in a case. Litigators aim to settle cases, while trial attorneys aim to go to trial. However, sometimes a litigator may bring in a trial attorney if the case doesn't settle, and a trial attorney may still settle a case if it doesn't end up before a judge.

In summary, a litigator is a type of lawyer who specializes in taking cases to court and managing the litigation process, while a lawyer may have a broader scope of practice and may not necessarily appear in court.

Comparative Table: Lawyer vs Litigator

The main difference between a lawyer and a litigator is that a litigator is a specialized type of lawyer who focuses on taking cases to court, while a lawyer is a general term for someone who has completed a law degree and is licensed to practice law. Here is a table outlining the differences between a lawyer and a litigator:

Feature Lawyer Litigator
GeneralTerm Yes No
Specialization General practice of law, may not have a specific area of focus Specializes in taking cases to court and representing clients during trials, settlements, and presenting arguments in court
Responsibilities Provides legal advice on a variety of matters, including contracts, real estate, and estate planning Prepares cases for trial, conducts discovery, manages pretrial motions, tries cases, and oversees appeals
Expertise May work in various legal settings, such as government agencies, law firms, or corporations Represents clients in court for civil cases, usually focusing on specific areas of law
Title All litigators are attorneys, but not all attorneys are litigators Both terms are sometimes used interchangeably, but litigators are more focused on court proceedings and trials

In summary, while all litigators are attorneys, not all attorneys are litigators. Litigators have a specific focus on taking cases to court and representing clients during trials, while lawyers may practice in various legal settings and provide advice on a wide range of matters.