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Weinstein Law Blog

Friday, August 5, 2016

Going to Trial

Only a minuscule amount of cases, both criminal and civil, actually go to trial.  This is a known and accepted fact throughout the legal industry.  It is because of this truth that there are so few actual trial attorneys in existence.

What is a Trial Lawyer?

Sometimes, though not often, when you meet a lawyer they will describe themselves as a “trial lawyer.” To me, this means two things:

  1. They have actual trial experience in the past; and
  2. They love going to trial.

Why does it Matter if my lawyer is a Trial Lawyer?

A trial lawyer will look at the entirety of the case from a completely different perspective then the traditional litigator.  A litigation attorney may have exemplary experience in the lead up to trial, but have no clue as to the actual beast which is a trial.  A trial lawyer will always view your case from the perspective of how it will proceed in a presentation before a jury.  To many, many lawyers, the idea of trial is an unknown and terrible experience – not to the trial lawyer.  To the trial lawyer, the experience of trial is exhilarating and fundamentally interesting.  The presentation before a jury of a client’s case is thrilling and passionate. 

Now, imagine that drive directing your case from its very inception! The direction and overall outlook which trial lawyers have towards a case is extremely beneficial at the very beginning of any kind of matter, both criminal and civil.

Think about bringing your civil case, or dealing with a criminal matter, and the attorneys are negotiating.  The negotiations break down and the opposing lawyer attempts to make a threat: “If you don’t accept this offer, we will be forced to go to trial.” Your attorney, an experienced trial lawyer can simply smile and say with confidence “I love trials!” Think about how that will deflate the opposing sides position.  The reason it does so is simple: the average litigator has never been to trial and is terrified of the prospect whereas your lawyer is an experienced trial lawyer.  Hiring a trial lawyer gives you an added boost of leverage when entering into any kind of negotiation, thus maximizing the potential for a better outcome.

If you, or someone you know, needs an experienced and strong trial lawyer, contact me. 


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As a former prosecutor, I fully understand the power law enforcement has. As a trial attorney, I know the law seems very scary.