When most people think of an attorney or lawyer, they often picture courtroom drama—intense cross-examinations, surprise witnesses, and dramatic revelations. However, the reality is that many lawyers spend their time on tasks that aren’t as flashy but are equally crucial. They may be drafting contracts, negotiating settlements, or handling other legal matters outside the courtroom. When it comes to deciding between a general lawyer and a trial attorney, it’s important to understand the key differences.

Special Skills That Trial Lawyers Possess

Trial lawyers are a distinct group of attorneys with specialized skills for representing clients in court. Their work focuses on litigation and preparing cases for trial. Here are some key skills that set trial lawyers apart:

  • Jury selection: Identifying and selecting jurors who are most likely to sympathize with the client’s position, which is crucial for a successful outcome.
  • Witness examination: Drawing out compelling narratives from friendly witnesses and skillfully questioning hostile ones to extract favorable testimony.
  • Persuasive arguments: Drafting and delivering persuasive opening and closing statements to sway the jury in the client’s favor.
  • Adaptability: Reacting quickly and effectively when unexpected situations arise, such as when a witness gives unexpected testimony.
  • Composure under pressure: Staying calm and collected, especially when the stakes are high, as managing emotions and pressure is vital in the courtroom.
  • Mastery of court rules: Having a deep knowledge of civil procedure and rules of evidence to ensure the trial progresses smoothly and legally.

In many ways, a trial lawyer is both a legal expert and a performer, using their skills to craft a compelling story and argue effectively on behalf of their client in front of a judge and jury.

Skills of a Regular (Non-Trial) Personal Injury Attorney

A non-trial personal injury attorney, by contrast, typically focuses on resolving cases through negotiation and settlement rather than trial. These lawyers aim to avoid the courtroom, relying on their skill in working out agreements with insurance companies. Here are some key skills that are particularly important for non-trial personal injury lawyers:

  • Negotiation skills: Personal injury lawyers excel at negotiating settlements, often with insurance adjusters who are experienced professionals. The challenge is to be a more effective negotiator than the insurance company’s representative.
  • Understanding insurance practices: A thorough knowledge of insurance policies, claims processes, and the tactics used by insurance companies is essential. Many personal injury lawyers even come from backgrounds as former claims adjusters.
  • Client communication: Strong communication skills are crucial for explaining the settlement process, managing client expectations, and providing emotional support throughout what can be a difficult experience.
  • Document organization: Keeping meticulous records of medical records, receipts, witness statements, and other case-related documents is essential for a smooth negotiation process.
  • Time management: Personal injury attorneys often juggle multiple cases at once, requiring exceptional time management skills to ensure each client gets the attention they need.

While trial lawyers need many of these same skills—especially in negotiation—non-trial attorneys must refine them to an even higher level in order to reach a successful settlement without resorting to litigation.

Insurance Companies Fear Trial Lawyers

Put simply, insurance companies are often more afraid of trial lawyers than they are of non-trial personal injury lawyers. Regular lawyers may know personal injury law by heart, and they may possess outstanding negotiation skills. Without the demonstrated ability to win at trial, however, those skills are useless. Winning at trial is the only way to force a defendant or an insurance company to pay up.

If you’re not sure whether your case is going to trial or whether you will eventually settle, your best bet is to hire a non-trial personal injury lawyer from a Florida personal injury law firm that also has trial lawyers on board. The better the firm’s record at trial, the higher the insurance company’s initial settlement offer is likely to be.

Ultimately, your choice of lawyer will depend on the facts of your case and your particular goals and motivations.

Do You Need a Florida Trial Attorney?

Most people settle their personal injury cases out of court, not at trial. Ironically, however, the best way to squeeze a settlement out of a stubborn opposing party is to prove to them that you can win at trial. Roman Austin Personal Injury Lawyers offers both regular attorneys and trial lawyers. We also offer a contingency fee payment plan where you pay zero attorney’s fees unless you win. Contact our team today for a free consultation. 

Contact the Clearwater Personal Injury Law Firm of Roman Austin Personal Injury Lawyers for Help Today

For more information, please contact the legal team of Roman Austin Personal Injury Lawyers for a free initial consultation with a personal injury lawyer in Clearwater. We have convenient locations in Florida: St. Petersburg, Safety Harbor, Clearwater, New Port Richey, and Tampa.

We serve throughout Pinellas County, Hillsborough County, Pasco County, and its surrounding areas:

Roman Austin Personal Injury Lawyers – Clearwater Office
1811 N. Belcher Road, Suite I-1
Clearwater, FL 33765

(727) 787-2500

Roman Austin Personal Injury Lawyers – Congress Ave Office
2360 Congress Avenue
Clearwater, FL 33763

(727) 591-5610

Roman Austin Personal Injury Lawyers – Tampa Office
6601 Memorial Hwy Suite 202
Tampa, FL 33615

(813) 686-7588

Roman Austin Personal Injury Lawyers – New Port Richey Office
2515 Seven Springs Blvd.
New Port Richey, FL, 34655

(727) 815-8442

Roman Austin Personal Injury Lawyers – St. Petersburg Law Office
840 Beach Dr NE Suite 202
St. Petersburg, FL 33701

(727) 787-2500

Roman Austin Personal Injury Lawyers – Safety Harbor Law Office
202 9th Ave S Suite A-2
Safety Harbor, FL 34695

(727) 787-2500