Do All Lawyers Go to Court? Exploring the Role of Attorneys

Different Types of Attorneys and What They Do

There are a number of specializations within the field of law that employ varying strategies and techniques. Corporate lawyers, for example, often operate without entering the courtroom. Their clients rely on their legal expertise to assist in drafting well worded contracts, and in negotiating favorable terms with other companies, vendors, and clients. In commercial transactions, it is the goal of the corporate lawyer to create a contract that is as airtight as possible, that forwards the interests of their client with no gaps, and that helps to preserve a healthy business relationship. For companies incorporating, in bankruptcy or undertaking decisions impacting their company at various levels, a corporate lawyer should be sought.
A criminal defense attorney, on the other hand, often represents clients from a much different perspective. Outside of closing deals, a criminal defense attorney often works with his or her client to build a case. While drafting various types of documents relevant to the case is often part of the job, a criminal defense attorney’s work will often take place leading up to a trial date. A criminal defense attorney will often assist in the investigation of the facts surrounding the case, recommend whether or not a client should testify , and advocate on the client’s behalf at the pre-trial and trial phases. An experienced criminal defense attorney advocates on behalf of their client while attempting to maximize their client’s interests, whether that is achieving a plea deal, winning in court or pursuing just damages.
A family lawyer, as the name suggests, is often in the position of working through complex emotional situations. Drafting divorce filings for the client, assisting the client in pursuing child support, covering issues ranging from legitimacy to guardianship are all often on the agenda for the family lawyer. The family lawyer is often at the center of the client’s life in many ways, and this can provide both challenges and opportunities when it comes to the range of lawsuits that can be filed. The family lawyer is often faced with very personal and sensitive issues that impact more than just the individual or the family, and this makes the role crucial.
Immigration lawyers for their part help numerous clients from around the world navigate the complicated path to citizenship or residency, from handling asylum applications, green card applications, business visa/traveling visa applications and various document appeals, the immigration lawyer assists some of the which are foreign to their clients. At a basic level, the immigration lawyer is there to assist and to inform.

Circumstances When an Attorney Has to Appear in Court

Exceptions to this are in specialty areas like Intellectual Property law or Agreements where the lawyer’s skills might require a court appearance for patent disputes or specific contract enforcement.
So when do they go to court?

• Family Law – When handling divorce cases, the attorney can represent mom or dad in court. And if there is a visitation or child support issue the lawyer will appear in court to represent the best interests of the client. A judge makes rulings on these matters and it is often necessary to be present to protect the client’s interest.
• Criminal Law – There are many types of Criminal Solicitors that simply do not appear in court. They might handle defense matters for juvenile cases in the state system or might handle a special type of crime like sex offenses. They might appear in court as needed.
• Trial or Litigation – If you are working with a lawyer on a lawsuit in District Court or Circuit Court in Tennessee, you will likely see your lawyer in a courtroom. That is how trial lawyers that focus on civil litigation and business cases may spend their time in court.
• Probate – A probate lawyer might represent a client in court when filing an estate or handling contested estate proceedings. Although much work can be done outside of court, there may be a need at some point to have an appearance in court.

The above examples are not all inclusive of the areas where an attorney might need to appear in court. Each case and situation is different with different needs. Some lawyers are jury trial lawyers while others work on bench trials for their entire career.

What Lawyers Do Outside of Court

While we undoubtedly think of lawyers as advocates who make their pitches for justice in court, the truth is, the vast majority of legal work does not occur in the courtroom. Attorneys handle a wide variety of documents that don’t become part of the public record until a judge signs off on them. These include pleadings and motions, notices of hearings and of settlements, trial and pretrial briefs, affidavits, requests for admissions and for judicial notice, and responses to all of the above.
Then there are contracts and even the documents necessary to create an LLC. For example, if you’re opening a bakery or a restaurant, you’ll need a solid agreement with your lessor that names exactly what you’re renting. This includes more than just a rent amount and a spot on the real estate deed. You’ll want to know how any improvements you make will be compensated, whether you are allowed to sublet your space, and so on.

Litigation vs Transactional Practices

Litigation law refers to any situation in which a lawyer represents a client in a court case, whether it be federal, state or local. Oftentimes, the word "litigation" is used to specifically refer to civil litigation, which is where a person or person’s property is on trial and will be judged by a panel of jurors, a judge or both.
Just because a lawyer doesn’t attend a court does not mean he or she isn’t an important part of the legal process. In fact , there are many important parts of law that are best left to transactional lawyers. Transactional lawyers never go to court to make arguments. They are usually busy working with contract writing, tax planning, and other related fields.
As you can see, litigation and transactional attorneys occupy two different sides of the legal spectrum. One is directly related to the courts, while the other primarily handles paperwork that helps facilitate different legal side of events. Keep in mind that this is not meant to demean either side, as they both are important in their own right.

What Attorneys Do vs The Stereotypes

It’s a common perception that lawyers spend most of their time in court like we’ve seen in movies. You hear it all the time from your clients: "But aren’t you lawyers supposed to go to court?" Or, "How do you get paid if you don’t go to court?" And those questions are reasonable, given the portrayal of lawyers in television and movies; they’re either "stoic hero" or "evil villain." We see only snippets of the realities of court and, in most cases, the lawyers in question are not the driving force behind the situation. But they sure get a lot of credit (or blame)!
The reality is that the majority of lawyers don’t spend all of their time in court, and that is by design. As mentioned above, media has programmed a very distorted perception of what lawyers really do, which in turn influences the views of their clients.
Most of the time, lawyers do the majority of their work away from the witness stand, and it’s still just as critical to the case as Litigation. The different areas of law in the firm – Wills & Estates, Corporate & Commercial, Real Estate, Employment, Just (name a business area) – are really just sub-categories of Litigation. And while there are exceptions to this rule, we feel strongly that eventually they become involved with their case more or less like everyone else does. In that regard, media has created distortion.
That doesn’t mean that all lawyers are litigators, however. Litigation is described as "the process of taking legal action," while litigation itself can be expensive and often not beneficial to either party. To litigate (do a lawsuit) successfully, you need a team of qualified lawyers – not just "some lawyers" who’ll take on your cause. When litigation is unavoidable, top litigators will go to bat for you, targeting the weakest parts of your opponent’s case. While they’re not interested in dragging the matter out, they are tenacious in successfully achieving the objective, or at least finding a resolution that is acceptable to all parties involved. Otherwise, the parties spend a great deal of time and money pursuing an end that they likely won’t enjoy, or at least for long.
Unfortunately, however, as lawyers become partners or begin to specialize in certain areas (however broad) of the law, they begin to spend less time in court, and thus they lose that ability to positively sway public perception. Judges and fellow lawyers who know them tend to have a more positive view of them, but the public at large remains influenced by what they see on television and in movies.
And so, lawyers who are "stoic hero" type players in the legal field and who do spend much of their time at the trial bench, earn a reputation that encourages and preserves the idea that people have about lawyers, and the positive views of the public. These are the lawyers everyone else turns to when the chips are down.
So, it turns out that everybody needs a lawyer, even if they don’t know it.

How to Determine Which Type of Attorney Fits Your Needs

Finding the right lawyer for your needs is crucial to achieving a favorable outcome in your case. To ensure the best match, clients should evaluate the nature of their legal issue and determine the level of experience that is required. For example, getting a divorce in Minnesota is a relatively straightforward process with an emphasis on negotiation and settlement. In this situation, a transactional attorney is probably the best fit, as they can competently guide you through the paperwork required to complete the divorce process. However, if your spouse does not want a divorce and will only agree after litigation, a litigation attorney may be the most suitable candidate. This is particularly true in cases where there is a high potential for high-stakes negotiation issues, as an experienced litigator will know how to plan a solid strategy that results in a fair settlement.
Transactional attorneys are also adept at drafting and reviewing legal documents, establishing contracts , and creating operating agreements for businesses. A transactional attorney can also address estate planning issues, such as wills and trusts. Other areas in which they are most appropriate include lease agreements, car leases, and most other legal matters that don’t typically go to trial. A good transactional lawyer will often be able to help you with advice or assistance in a number of different situations.
Litigators, on the other hand, are lawyers that are comfortable with the trial process. These will be the professionals to turn to if your case needs to go to court for any reason. Some lawyers, of course, will be experienced in both types of legal issues. If you are dealing with a matter that has a high potential for requiring litigation, it may be worth your while to ask if your lawyer has experience litigating similar cases. While it’s often preferable to settle disputes out of court, you will need to be confident that your attorney has the level of skill needed to protect your interests should your case need to be decided by a judge and jury.