In the legal arena, the decision to hire a litigator or a criminal attorney can significantly impact the outcome of your case. Each plays a distinct role in the legal process, and understanding the differences between them is crucial when seeking representation.
Let’s delve into what distinguishes a litigator from a criminal attorney and how to make the best choice for your specific situation.
What is a litigator?
A litigator is a lawyer specializing in the litigation process, which involves resolving disputes through legal action in court. They represent clients and advocate on their behalf in legal proceedings.
Litigators typically specialize in specific areas like employment law, commercial disputes, or personal injury, but may handle a variety of cases across different legal domains due to their broad knowledge base.
The role of a litigator encompasses a range of tasks and responsibilities aimed at achieving the best possible outcome for their clients. Here’s an overview of what a litigator does:
- Pleading: At the onset of a case, litigators are responsible for drafting and filing pleadings with the court on behalf of their clients.
- Investigation: Litigators conduct thorough investigations to gather information that could impact the outcome of the case.
- Pre-trial: Prior to trial, litigators may participate in conferences or negotiations with opposing counsel to address procedural matters and explore the possibility of reaching a settlement outside of court.
- Settlement: This involves reaching mutually acceptable terms that satisfy the interests of both parties involved.
- Trial: If efforts to settle the dispute are unsuccessful, the case proceeds to trial, where litigators present their arguments, examine evidence, and question witnesses before a judge or jury.
- Appeal: Following a trial, litigators may assist their clients in filing an appeal if they are dissatisfied with the court’s decision.
Litigators are adept at employing various legal strategies to advocate for their clients’ interests, whether through negotiation, mediation, or courtroom litigation. They possess a deep understanding of procedural rules, case law, and legal precedent, which they leverage to craft compelling arguments and pursue favorable outcomes for their clients.
What is a criminal attorney?
A criminal attorney, also referred to as a criminal defense lawyer, is a legal professional who defends individuals, organizations, and entities facing criminal charges. They advocate for their clients’ rights and interests throughout the criminal justice process, from investigation and arrest to trial and, if necessary, appeal.
They operate in various jurisdictions, representing defendants in state, federal, and appellate courts. Many criminal lawyers handle a diverse caseload, ranging from misdemeanors to serious felonies.
The role of a criminal attorney encompasses a multitude of tasks and responsibilities, including:
- Conducting interviews with clients and witnesses to gather essential facts and information.
- Conducting thorough legal research to formulate a defense strategy and establish a compelling case theory.
- Collecting and analyzing evidence to support the client’s defense while scrutinizing evidence presented by the prosecution.
- Drafting, filing, and arguing motions on behalf of the client to address legal issues and challenges during the proceedings.
- Engaging expert witnesses to provide testimony and bolster the defense’s case in court.
- Negotiating with the prosecution to explore potential plea bargains or alternative resolutions to the case.
Whether defending the accused against wrongful allegations or ensuring fair treatment within the criminal justice system, criminal attorneys serve as indispensable advocates for their clients in the pursuit of justice.
Differences between a litigator and a criminal attorney
A criminal defense attorney is, in fact, a type or subset of a litigation attorney. However, a litigator is generally referred to a civil litigation lawyer. Both legal professionals, litigators and criminal attorneys, have distinct roles, responsibilities, and areas of practice. Understanding these distinctions is crucial when seeking representation for specific legal matters, as they differ in their approach and areas of practice.
| Litigator | Criminal attorney |
| A litigator is generally referred to an attorney who specializes in civil litigation, representing clients in disputes between private parties or entities. These disputes encompass a broad spectrum of legal issues, such as contract disputes, personal injury claims, and employment conflicts. | A criminal attorney focuses exclusively on defending individuals charged with criminal offenses. Their practice centers on criminal law. Click here to read more about the differences between Criminal and Civil law. |
| Litigators handle civil cases, which involve disputes between individuals or entities seeking legal remedies or damages. | Criminal attorneys represent defendants facing criminal charges brought by the government, ranging from misdemeanors to serious felonies. |
| Litigators possess knowledge and expertise in various areas of civil law, allowing them to handle a diverse range of legal disputes. | Criminal attorneys specialize in criminal law and defense strategies tailored to the unique circumstances of criminal cases. |
Understanding the roles and capabilities of litigators and criminal attorneys allows clients to make informed decisions when selecting legal counsel, as their distinct areas of focus and expertise suit different cases and legal challenges.
Choosing the right lawyer for your case
The type of lawyer you choose can significantly impact the outcome of your legal matter. Whether you’re facing a civil dispute or criminal charges, finding the appropriate legal representation requires careful consideration of various factors.
Here’s a guide to help you choose the right lawyer for your case:
- Identify your legal needs: Clarifying your legal needs will help narrow down the field of potential attorneys.
- Look for lawyers who specialize in the specific practice area relevant to your case. Consider their track record, experience, and reputation within the legal community.
- Look for attorneys with a proven track record of success in cases comparable to yours and inquire about their familiarity with relevant laws, regulations, and courtroom procedures.
- Before hiring a lawyer, discuss their fee structure, including hourly rates, retainer fees, and any additional costs associated with your case.
By carefully considering these factors and conducting thorough research, you can choose the right lawyer to represent your interests and navigate the complexities of the legal system with confidence.
At Apfelbaum Law, we have attorneys who can assist you in a variety of civil litigation matters as well as attorneys who have experience in handling criminal defense cases. If you require further guidance, reach out to us for a consultation.
