In this New York Law Journal article, partners Gabriel Berg and Lauren Coppola discuss the crucial distinction between trial lawyers and litigators – and why trial experience matters when selecting counsel. They outline various advantages that trial lawyers bring to the table, particularly during pretrial discovery and cross-examination, and emphasize the importance of strategic maneuvers, such as leveraging evidence effectively and refraining from reactionary behaviors during depositions and trials.
Highlight from the Article:
"The difference between trial lawyers and litigators is well-known, but rarely practically applied in selecting counsel. When general counsel interviews firms, the ultimate question to a prospective lead counsel should not be: “How many cases have you litigated?” Most experienced lawyers will say hundreds, if not a thousand or more. Rather, the most apt question is: “How many cases have you tried to a verdict?” A satisfactory answer to the question will increase the value of any plaintiff’s case and decrease the exposure in any defense matter."
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