Whats the Difference Between an Attorney and a Trial Attorney

When you need help with a legal case, you need an attorney. However, not all lawyers and attorneys are the same. It is important that you know which one can help you in different situations. 

Knowing the difference between an attorney and a trial attorney can save you time and affect the trajectory of your case. 

What Is an Attorney?

An attorney is a licensed legal professional authorized to practice law in a particular jurisdiction. Attorneys assist clients in many different areas of the law, including:

Their work may involve drafting legal documents, providing legal advice, negotiating settlements, or representing clients in administrative hearings.

However, not all attorneys handle courtroom litigation. Some choose to focus on transactional or advisory work, while others may not have the specialized litigation skills required for trial work. As a result, they may look for ways to resolve disputes outside the courtroom.

What Is a Trial Attorney?

A trial attorney—also known as a trial lawyer or litigator—is an attorney who specializes in representing clients in court. Every trial attorney is an attorney, but not every attorney qualifies as a trial attorney.

Trial attorneys possess:

  • In-depth knowledge of courtroom procedures
  • Training in presenting evidence
  • Strong persuasive and oral advocacy skills
  • Experience navigating rules of evidence and trial strategy

These attorneys take cases with the expectation that they may go to trial. For example, in a personal injury case such as a car accident, a trial attorney prepares from the beginning to present the case before a judge or jury. 

While they may be able to negotiate a favorable settlement along the way, they are fully prepared—and willing—to go to trial to secure the compensation their client deserves.

The Key Difference–Courtroom Experience and Litigation Skills

The key difference between an attorney and a trial attorney lies in courtroom experience and litigation skills.

Trial attorneys are trained to:

  • Respond quickly to unexpected challenges
  • Argue complex legal issues
  • Examine and cross-examine witnesses
  • Present compelling arguments to judges and juries
  • Anticipate opposing strategies

Experience is crucial. A seasoned trial attorney understands how to evaluate the strengths and weaknesses of a case, anticipate objections, and craft persuasive strategies. These skills significantly influence the outcome of a trial.

How Choosing the Right Type of Attorney Impacts Your Case

Selecting the right legal professional directly affects your case’s strategy and outcome.

A general attorney is ideal for:

  • Drafting contracts
  • Advising on legal issues
  • Handling negotiations
  • Resolving disputes outside of court

A trial attorney is essential for:

  • Cases that may require litigation
  • Complex disputes needing courtroom representation
  • Situations where negotiation fails
  • High-stakes matters requiring strategic advocacy

Choosing correctly can influence the timeline, cost, and overall success of your legal matter.

When You Need a Trial Attorney

Certain situations require the skills and experience of a trial attorney. You may need one if:

  • Your case is likely to go to court
  • The opposing party refuses to negotiate or offer a fair settlement
  • The issues are complex or high stakes
  • There is a substantial amount of evidence or expert testimony involved

Examples include criminal defense, complex commercial disputes, and contested personal injury cases where insurance companies push back aggressively.

Proceeding without a qualified trial attorney in these situations can compromise your chances of a favorable outcome.

Get Help From an Albuquerque Personal Injury Attorney

A personal injury attorney in Albuquerque, NM, can evaluate your circumstances, explain your legal rights, and help you determine the best path forward—whether that means negotiating a fair settlement or preparing for litigation. 

With the right advocate in your corner, you can approach your case with clarity, confidence, and a stronger chance of achieving a successful outcome. To learn more, contact Jones Injury Attorneys today to schedule a free consultation.

We proudly take cases in all of New Mexico.

Visit Our Law Offices in Albuquerque, NM

Jones Injury Attorneys – Downtown

1011 Lomas Blvd NW #106
Albuquerque, NM 87102
(505) 248-1400
Available: Monday through Friday, 8 AM to 5 PM

Jones Injury Attorneys – Arroyo del Oso Office

8205 Spain Rd NE #111-B
Albuquerque, NM 87109
(505) 634-7796
Available: Monday through Friday, 8 AM to 5 PM