Are All Georgia Personal Injury Lawyers Created Equal? Litigator or Trial Lawyer?
Litigation:
n. any lawsuit or other resort to the courts to determine a legal question or matter.
Litigator:
n. one who litigates
Trying cases and litigating a case are, in my opinion, two totally different animals.
To some, the term litigator has a certain appeal, even an allure. To others, the term is synonymous with alligator. However you chose to interpret the term, make no mistake about it: there is a difference between litigators and trial lawyers. For the attorneys reading this article, it really is more than semantics or a difference in terms.
I run across a lot of good litigators in my practice. These attorneys generally know the Rules of Civil Procedure and Georgia's Civil Practice Act. They prepare well-written and articulate motions. They utilize the discovery process and various ways to get information. They depose doctors and hire expert witnesses. However, none of this makes them good trial lawyers. In fact, some litigators do not try cases and many others try very few if any cases.
On the other hand, I run across very few good trial lawyers in my practice. Recently, Bobby Lee Cook, a famed attorney from Summerville, Georgia, was featured on the cover of a magazine called Superlawyers. I have talked with lawyers who practiced with Bobby Lee Cook. I have spoken with judges before whom he has appeared. He is a trial lawyer. In fact, he is one of the best and brightest trial lawyers in America. Here is his Firm's website
A good friend and very good trial lawyer told me once that the most important legal subject to a true trial lawyer is evidence. Good trial lawyers have mastered the Rules of Evidence. More importantly, they have developed a keen knack for what works with a judge or jury and what doesn't work. They tend to be intuitive and cut straight to the heart of the matter. They enlighten and they inspire. They are captivating and interesting. Perhaps most importantly, they are respected and even feared by their adversaries. Make no mistake that in most cases, they strike fear because of their eloquence, competence, and preparation - - not necessarily because they are aggressive or abrasive. At the end of the day, remember, they must appeal to juries.
I believe if we had more good trial lawyers, the legal system would be much smoother. Many needless delays would be eliminated. More cases would be settled, when appropriate, quickly and efficiently.
If you are faced with being injured in an automobile accident or have been hurt in a truck wreck and need an attorney, do yourself a favor and ask your attorney about their trial experience.
