The terms ‘litigator’ and ‘attorney’ are often used interchangeably but they each have distinct meanings and roles within the legal sector. While all litigators are attorneys, not all attorneys are necessarily litigators. The differences between a litigator and an attorney boil down to the areas of law they focus on and their court activities. As we delve into the intricacies of each role, we’ll also discuss the relevance of strata lawyers Sydney within this context.
Who is an Attorney?
An attorney, also often referred to as a lawyer, is a professional who has been trained in law. They have gone through law school, passed the bar exam and are certified to practice law in their respective jurisdiction. Attorneys can provide legal counsel and service to clients on a wide array of matters, be it criminal law, family law, property law or corporate law, among others. They can offer advice on legal rights, obligations, and they are tasked with interpreting and applying the laws to specific situations. Further, attorneys can draft legal documents, negotiate on behalf of clients and conduct legal transactions.
Who is a Litigator?
A litigator, often referred to as a trial lawyer, is a type of attorney who specializes in representing plaintiffs and defendants in court cases. They could be involved in civil disputes or criminal cases. Unlike general attorneys who may never set foot in a courtroom, litigators spend a significant amount of their time in court, presenting evidence, cross-examining witnesses, and arguing cases before a judge or jury.
The premise of a litigator’s work is adversarial, meaning they aim to best represent their client’s interests against those of the opposing side. Litigators are involved in all stages of the litigation process from the investigation, pleadings, discovery, pre-trial, trial, settlement and appeal, if necessary.
Litigator vs. Attorney: Key Differences
The main distinction between an attorney and a litigator comes down to their work focus. An attorney is an umbrella term for any professional who is permitted to practise law in a certain jurisdiction. This could include litigators as well as those who specialise in non-litigious sectors of law, such as property law, corporate governance, and estate planning.
Conversely, a litigator is an attorney who specializes in going to court. They handle the legal disputes that have been escalated to the court system, representing plaintiffs or defendants in civil cases and trials.
The skill sets needed for each role can slightly differ as well. While both need strong legal knowledge and good communication skills, litigators, particularly, require strong negotiation skills, adept critical thinking, and excellent public speaking skills. Also, litigators must be comfortable with conflict and capable of performing under pressure.
The Role of Strata Lawyers in Sydney
In cities like Sydney, a unique type of attorney known as a strata lawyer has emerged. A strata lawyer specialises in strata schemes, which involve multi-level apartment blocks and horizontal subdivisions with shared areas, a common property ownership design in Sydney. These attorneys, referred to as strata lawyers Sydney, offer advice, resolve strata disputes, and represent clients in strata-related litigation, thus demonstrating the role of both attorneys and litigators.
In conclusion, while the terms are often used interchangeably, a clear distinction exists between a litigator and an attorney. Therefore, when seeking legal counsel, it is important to know whether your situation requires the services of a general attorney or those of a litigator.