Litigation vs Non-Litigation Attorneys

When it comes to legal representation, there are two main types of attorneys: litigators and non-litigation attorneys. Understanding the differences between these two types of attorneys is essential when deciding which type of attorney is needed for a given legal matter. Each type of attorney has its own set of skills and responsibilities, and choosing the right attorney can make a significant difference in the outcome of a legal matter.

Litigation Attorneys

Litigation attorneys are also known as trial lawyers. They are attorneys who specialize in representing clients in legal disputes that may end up in court. Litigation attorneys are responsible for all aspects of the trial process, including pre-trial research and investigation, discovery, motion practice, trial, and appeal.

Litigation attorneys typically work on cases involving civil lawsuits, criminal defense, personal injury, family law, employment law, and other areas of law that require court representation. Litigation attorneys are skilled in negotiating settlements and plea bargains, as well as preparing and arguing cases in front of judges and juries.

Non-Litigation Attorneys

Non-litigation attorneys, also known as transactional attorneys, work on legal matters that do not involve litigation or disputes. Non-litigation attorneys handle contracts, transactions, and other legal matters that do not require court representation.

Non-litigation attorneys are skilled in drafting and reviewing legal documents such as contracts, wills, trusts, and other legal agreements. They also provide legal advice and guidance to clients in various areas of law such as business law, real estate law, tax law, and intellectual property law.

The Differences

The main difference between litigation attorneys and non-litigation attorneys is the nature of their work. Litigation attorneys focus on representing clients in court and handling legal disputes that require litigation, while non-litigation attorneys focus on drafting legal documents, providing legal advice, and handling transactions that do not require court representation.

Another difference is the type of skills required for each type of attorney. Litigation attorneys must have excellent oral and written communication skills, as well as the ability to think on their feet and present persuasive arguments in court. Non-litigation attorneys, on the other hand, must have strong drafting and negotiation skills, as well as the ability to provide legal advice and guidance to clients.

“Litigation attorneys are also known as trial lawyers.” 

Choosing the Right Attorney for Your Legal Matter

When choosing an attorney for a legal matter, it is important to consider the nature of the legal issue. If an individual or business is involved in a legal dispute or facing a lawsuit, a litigation attorney is the best choice. If legal advice or assistance with drafting legal documents or handling transactions is needed, then a non-litigation attorney is the best choice.

In some cases, both types of attorneys may be needed. For example, if starting a business, a person may need a non-litigation attorney to handle the legal documents related to business formation, as well as a litigation attorney in case of any legal disputes that may arise.

Another area where business owners and individuals will see a difference in litigation attorneys versus non-litigation attorneys is in their fee structure. Many non-litigation attorneys may operate on a flat fee basis based on the work to be completed. This work may include drafting or reviewing a document. Other non-litigation attorneys may be hired to facilitate transactions, charging a percentage of the total transaction value as their legal fee. Real estate attorneys, who offer closing services are non-litigation attorneys who support to buyers and sellers of residential houses and commercial properties, are examples of lawyers who typically charge a fee based on the monetary value of a transaction.

Litigation attorneys on the other hand are more likely to charge an hourly rate for their services which include out of court preparation, negotiation with the opposing side, and courtroom advocacy time. Real estate-focused litigation attorneys may handle landlord-tenant disputes, property line disagreements, and property ownership disagreements. There are also litigation lawyers who handle business contract disputes and employment-focused litigation attorneys that seek justice for victims of discrimination, harassment, wrongful termination, and wage-hour violations in the workplace. There are also personal injury lawyers who litigate to make their clients financially whole after an accident or attack.

Litigation cases often require much more time to resolve than transactional or other non-litigation cases. As a result, these hourly fees can add up over time to be prohibitively costly for many clients. To allow clients with lesser means to exercise their right to justice, many personal injury litigation law firms charge a contingency fee to their clients who have been victims of the negligence or wrongdoing of another party, such as car accidents, intentional torts, trip and fall accidents, and medical malpractice. This means that the client only pays the firm when their case is won. If the firm does not win the case, the client does not pay a dime.

In person injury cases, litigation lawyers often find themselves pitted against the legal teams of large well-funded insurance companies. The tactics of these insurance companies include offering low settlement amounts to cash-strapped injury victims, delaying the case, denying coverage and obstructing progress whenever they can. A litigation attorney involved in personal injury cases must have first-hand experience dealing with these tactics and must have the resources to oppose corporations with large legal teams.

The Importance of Working with a Law Firm

Working with a law firm has many advantages over working with a single legal practitioner. The advantages include having access to a team of legal experts, comprehensive legal services, cost-effective solutions, continuity of services, and access to both litigation and non-litigation attorneys. 

  1. Access to a Team of Legal Experts: When working with a law firm, clients have access to a team of legal professionals with expertise in various areas of law. This means that the client can receive legal advice and representation from multiple lawyers with different backgrounds and specialties, all under one roof. Whether clients need a litigation attorney, a non-litigation attorney, or both, a law firm can provide its clients with the legal expertise they need to achieve a successful outcome.
  2. Comprehensive Legal Services: Law firms offer a wide range of legal services, from dispute resolution and litigation to transactional matters and legal advice. This means that no matter what type of legal issue is at issue, a law firm can better provide the comprehensive legal services needed.
  3. Cost-Effective Solutions: Working with a law firm can be more cost-effective than hiring a single lawyer. Law firms often have a larger support staff, which allows them to handle legal matters more efficiently. This can result in lower fees and costs for clients.
  4. Continuity of Services: When working with a law firm, clients have access to a team of legal professionals who can provide continuity of services. If one lawyer is unavailable, another lawyer in the firm can step in and provide the legal services needed without interrupting the case.
  5. Access to Both Litigation and Non-Litigation Attorneys: One of the key advantages of working with a law firm is having access to both litigation and non-litigation attorneys under one roof. This means that clients can receive legal advice and representation for both types of legal matters, without having to go to separate law firms.

If facing a legal issue, companies and individuals can consider working with a law firm to receive the legal expertise they need to achieve a successful outcome.

South Florida Law

At South Florida Law we have a depth chart of professionals that work effectively as either litigators or non-litigation attorneys.  As many matters require both types of legal professionals, we have the “big firm” resources to provide you with the legal services you require.  Furthermore, our ethos allows us to deliver our services with “boutique firm” attention to detail and partner-level involvement.

For personal injury cases where we are seeking justice on behalf of an accident victim, we charge a contingency fee. This means that our personal injury clients only pay when their case is won.

Whether your matter requires the involvement of a litigation attorney, a non-litigation attorney or both, contact us today via our contact form or by calling (954) 900-8885.

Similar Posts