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What’s the Difference Between an Attorney and a Trial Attorney?

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Written by: Benton Accident & Injury Lawyers Last Updated : January 24, 2025

Hiring a personal injury attorney can be daunting, especially when the terms used in advertising and other materials may be confusing. You may see the terms “attorney,” “lawyer,” or “trial attorney” used. If you have been injured in a car accident, or you just want to hire the one who can get you compensated for your injuries.

Although “lawyer” and “attorney” are typically used interchangeably, there are some major distinctions between an attorney and a trial attorney. Trial attorneys have courtroom experience and focus on the best strategy for winning your case at trial. Dive into the details below for more information on the difference between an attorney and a trial attorney in Texas.

Attorney vs. Trial Attorney: Key Differences

When most people think of an attorney, they think of the ones they see on TV. They likely picture someone dressed in a suit arguing a case before a jury. Most of the depictions of attorneys on TV are trial attorneys because the drama in the courtroom makes for better TV.

Several key differences set a trial attorney apart from a regular attorney. However, both regular attorneys and trial attorneys have important roles in the legal system. Here are some of the major differences.

Courtroom Experience

Many attorneys represent clients their entire careers and never step foot inside a courtroom. This is especially true for certain areas of practice, such as contract law, business and corporate law, or wills and trusts. Regular attorneys perform a lot of transactional legal work and attempt to settle cases when disputes arise.

On the other hand, trial attorneys are fully prepared to argue a case in court when necessary. Trial attorneys are highly skilled at processes and procedures in the courtroom, such as the rules of evidence or picking a jury. Trial attorneys are always thinking about how things will play out in the courtroom as they prepare their cases.

Appetite for Risk

Trial attorneys often have a higher appetite for risk than regular attorneys. Trial is risky because you never know what a jury will do. However, trial attorneys are confident in their ability and are not afraid to go to trial when settlement negotiations stall.

Trial lawyers can also use the jury’s unpredictability to their advantage. Insurance companies may be more willing to increase their settlement offers if the threat of trial is looming. Some personal injury cases still go to trial because a settlement cannot be reached.

Differences in Skill Set

It takes a special skill set to be a successful trial attorney. Things happen quickly in the courtroom, and trial attorneys must be prepared for anything that comes their way. Some skills that a trial attorney needs to have include:

  • Adaptability: A trial attorney needs to be able to adapt and change on the fly. When surprises come up during trial, the attorney must be able to pivot and adapt their strategy.
  • Quick Thinking: Timing can be everything in the courtroom, especially when it comes to objecting to evidence or testimony. A trial attorney must be able to think on their feet and react very quickly.
  • Extensive Preparation Skills: Preparing for trial requires long hours and a lot of hard work. A trial attorney may spend weeks preparing for a trial that only lasts a couple of days.
  • Great Communication Skills: At a trial, verbal communication is crucial. A trial attorney needs excellent communication skills to verbalize their points to the judge and jury.
  • Storytelling Skills: A trial also includes an aspect of storytelling. Being a great storyteller can help win over the jury and help the jury see things from the attorney’s client’s point of view.

Like regular attorneys, trial attorneys must know the law and pay keen attention to detail. This additional set of skills really helps set trial attorneys apart.

Contact The Dallas Car Accident Law Firm of Benton Accident & Injury Lawyers Today

If you have been injured in an accident, you probably need an attorney. If you really want to scare the insurance adjuster, go ahead and hire a trial attorney. Insurance companies know which attorneys are likely to go to trial and which ones aren’t.

Hiring an attorney who is not likely to go to trial could cause you to settle for less than your case is worth. Regular attorneys will be looking for a way to settle the case because they either are not prepared or do not have the skills to go to trial. Trial attorneys can use the threat of trial to your advantage and help you get a higher recovery.

If you’ve been injured in an accident in Dallas, TX, contact us for more information, please contact the experienced Dallas car accident lawyers at Benton Accident & Injury Lawyers today. We offer free consultations.

We proudly serve in Dallas County and its surrounding areas:

Benton Accident & Injury Lawyers
1825 Market Center Blvd # 350, Dallas, TX 75207
Phone: (214) 777-7777
Hours Open: 24/7
Our firm is located near you. We have an office in Dallas.
Find us with our GeoCoordinates: 32.7950252,-96.8241861

 

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