Benefits of Good Trial Lawyers
It is easy to understate the importance of good trial lawyers when prosecuting or defending a case in Court. A client of legal services simply must screen his/her potential lawyer for trial experience, skill and knowledge.
The trial attorney is a specific breed. In the span of a 2-5 year litigation, the trial lawyer can anticipate, all the way back in the discovery phase, what challenges will be faced at the ultimate trial and is better equipped to minimize those challenges. The trial lawyer involved in the discovery phase can make the case that much better and insulate a weakness from hurting the case at trial. Conversely, the trial attorney can make a strength in the case overwhelming to the adversary so that only a favorable settlement or a win are imminent. But it is the familiarity with burdens of proof, evidentiary rules, and judicial requirements of the lawyers that sets a trial attorney apart, and gives the consumer the best chance at a favorable outcome. Of course, in every case, lawyers cannot guaranty any particular result as a case has a number of variables throughout its years-long trudge through the court system.
There are many different types of attorneys, but not all of them are skilled, or even comfortable, stepping into the trial Courtroom. A trial is a stressful, time-consuming, and serious project. A trial cannot be handled by just any attorney. To name only a few, the lawyer has to know the rules of evidence, court procedure at trial, demeanor with a judge and jury, general process, and proof requirements and the law.
And it is also not enough to have done only judge or “bench” trials. A good trial advocate is comfortable and familiar with both judge and jury trials. The right to a jury extends to both sides, so even though a litigant may request a bench (judge) trial, the lawyer has to be ready to try the case to a jury if the other side so requests.
In addition, a no-fear mentality is most beneficial. When up against lawyers and law firms with limitless resources and experience, there is simply no time to delay the case from trial. Pressing the case to get to trial quickly, is oftentimes the only way to quickly and truly resolve the matter. That said, there are many statistics that say 95% or more of cases settle. While that may be, only with a skilled trial lawyer on your side can your case have a chance to resolve in your favor.
Other types of lawyers such as real estate transactional, bankruptcy or corporate attorneys may be very good at what they do. But they may not have the wherewithal or experience to handle a commercial litigation trial. A consumer would not go to a cardiologist to get his teeth fixed. If a client has made the huge decision to go forward with a lawsuit, he/she must have the right advocate to handle the process.
And preparation is everything. It is not only the trial lawyer’s own preparation of documents, order of testimony, arguments to the judge and others that is important. It is the preparation of the client for the stress of testifying that is crucial. There should be no surprises to either the sum or substance of what the client and the witnesses will testify. Comprehensive preparation is the key to a successful trial.
But there are always unknowns in litigation. The good trial attorney is able to handle whatever is thrown at him. Sometimes battles are not always won, but it is the war that is most important.
This Firm has handled numerous trials over a combined six (6) decades of experience. From a fraud case against a real estate, mortgage agent and lawyer, to cases against and in defense of construction contractors, to intricate commercial litigations that are document intensive, the Firm has handled a wide range of cases, and gained a wide range of experience and skill.
Attorneys Unger and Benjamin put those decades of trial courtroom experience behind every case, small and large, and on behalf of individual consumer clients as well as business owners.