When comparing litigator vs. lawyer, the main difference is scope. A lawyer is a licensed legal professional who can advise and represent clients in legal matters. A litigator is a lawyer who focuses on disputes handled through litigation, including preparing cases, discovery, motions, trials, and appeals. In other words, a litigator is generally a type of lawyer, but not every lawyer is a litigator.
Quick Answer
A lawyer is a broad term for someone authorized to practice law. A litigator is a lawyer whose practice centers on resolving disputes through the court system. Lawyers may work in areas such as contracts, estate planning, business law, or legal advising without regularly taking cases to court. Litigators focus more specifically on contested legal matters and the litigation process.
Litigator vs. Lawyer at a Glance
| Feature | Lawyer | Litigator |
|---|---|---|
| Meaning | Broad term for a legal professional | Lawyer who handles litigation |
| Main focus | Legal advice, representation, documents, transactions, or disputes | Legal disputes and court-related proceedings |
| Court work | May or may not regularly appear in court | Commonly handles litigation matters |
| Discovery | May handle it depending on practice | Frequently involved |
| Trial preparation | May do it | Common part of the practice |
| Appeals | May handle them if qualified and experienced | Some litigators focus on appeals |
| Scope | Broad | More specialized |
| Relationship | General category | A type of lawyer |
What Is a Lawyer?
A lawyer is an individual authorized to practice law. In the United States, “lawyer” and “attorney” are commonly used interchangeably for someone licensed to practice law.
Lawyers can work in many different areas. Depending on their practice, they might:
- Advise clients about legal rights and obligations
- Draft and review contracts
- Prepare legal documents
- Help clients form or manage businesses
- Handle estate planning
- Negotiate agreements
- Represent clients in legal proceedings
- Handle disputes
- Work as in-house counsel
- Focus on regulatory or compliance matters
Not every lawyer spends much time in a courtroom. Some primarily provide advice, negotiate transactions, prepare documents, or help clients prevent legal problems.
For example:
Example: A business lawyer might review a company’s contract and negotiate changes without ever filing a lawsuit.
That lawyer is still a lawyer even if litigation is not a major part of the job.
What Is a Litigator?
A litigator is a lawyer who handles litigation. The term generally describes an attorney who works on disputes that proceed through the court system.
The Legal Information Institute describes litigators as lawyers who may prepare cases for trial, conduct discovery and pretrial motions, try cases, and handle appeals.
A litigator may work on tasks such as:
- Investigating the facts of a dispute
- Developing a legal strategy
- Drafting complaints or answers
- Conducting discovery
- Taking or defending depositions
- Filing motions
- Preparing witnesses
- Negotiating settlements
- Representing clients at hearings
- Trying cases before judges or juries
- Handling certain appeals
Litigation is not limited to one field of law. A litigator might handle disputes involving personal injury, contracts, employment, business, real estate, intellectual property, family matters, or other areas.
Is Every Litigator a Lawyer?
Generally, yes in the U.S. context.
The word litigator describes a lawyer’s area or style of practice rather than a separate legal license. A person can be a lawyer and specialize in litigation.
Think of the relationship this way:
Lawyer → broad category
Litigator → lawyer who focuses on litigation
A simple analogy is:
Doctor → broad profession
Surgeon → specialized type of doctor
The analogy is not exact, but it illustrates the relationship between the two terms.
Is Every Lawyer a Litigator?
No.
A lawyer may never regularly take contested cases to trial or handle litigation. Lawyers can focus on transactional, advisory, regulatory, estate-planning, tax, corporate, intellectual-property, or other legal work.
For example:
Contract lawyer:
Reviews and negotiates agreements.
Estate-planning lawyer:
Helps clients prepare wills, trusts, and related documents.
Corporate lawyer:
Works on business transactions and organizational matters.
Litigator:
Handles legal disputes and litigation proceedings.
There can be overlap. A lawyer may work in a particular practice area and also handle litigation within that area. FindLaw notes that litigation can arise across different areas of law, and an attorney’s litigation experience may be specific to the practice area involved.
What Does a Litigator Do That a Lawyer May Not?
The distinction is primarily about practice focus, not a completely different profession.
A litigator is more likely to spend substantial time on procedural and adversarial aspects of a dispute, such as:
Discovery
Discovery is the process of obtaining and exchanging information relevant to a case. A litigator may prepare discovery requests, respond to them, review documents, and participate in depositions.
Motions
Litigators may prepare and argue motions asking a court to make a particular ruling during a case.
Trial Preparation
Preparing for trial can involve organizing evidence, preparing witnesses, developing arguments, and anticipating the opposing side’s position.
Court Appearances
Litigators may represent clients during hearings, conferences, trials, and other court proceedings.
Appeals
Some litigators also handle appellate matters. Appeals generally focus on claimed legal or procedural errors rather than simply repeating the entire trial.
Litigator vs. Trial Lawyer
The terms litigator and trial lawyer overlap, but they are not necessarily identical.
A litigator can work on a case throughout the litigation process, including before a trial takes place. Much of litigation happens during investigation, pleadings, discovery, motions, negotiations, and settlement discussions.
A trial lawyer places particular emphasis on trying cases in court.
For example, a lawyer could spend months preparing a lawsuit and negotiating a settlement without ever conducting a trial. That person can still be functioning as a litigator.
Litigator vs. Attorney
In ordinary U.S. usage, attorney and lawyer generally refer to the same legal profession.
Therefore:
- Attorney = generally the same broad category as lawyer
- Lawyer = broad term for a legal professional authorized to practice law
- Litigator = lawyer who focuses on litigation
The important distinction is between the broad professional term and the practice specialization.
Does a Litigator Only Work in Court?
No.
A common misconception is that litigators spend all their time standing before a judge or jury.
In reality, litigation involves substantial work outside the courtroom. A litigator may spend considerable time researching law, interviewing clients and witnesses, reviewing evidence, drafting documents, conducting discovery, preparing motions, and negotiating settlements.
Court appearances are only one part of litigation.
Examples of Lawyers and Litigators
Consider these situations:
Example 1: Contract Review
A company asks a lawyer to review a proposed supplier agreement.
The lawyer examines the terms, identifies risks, and suggests revisions.
This is legal work, but it does not necessarily involve litigation.
Example 2: Business Lawsuit
A company is sued for allegedly breaching a contract.
A lawyer represents the company, responds to the lawsuit, handles discovery, files motions, negotiates with the opposing side, and prepares for trial.
That lawyer is acting as a litigator.
Example 3: Estate Planning
A client asks a lawyer to create an estate plan.
The lawyer prepares appropriate documents and explains how they work.
This is legal work, but it is not necessarily litigation.
Example 4: Personal Injury Case
Someone files a lawsuit after an accident.
An attorney investigates the claim, gathers evidence, communicates with the opposing side, conducts discovery, negotiates a settlement, and prepares for trial if necessary.
The attorney is working as a litigator in a personal-injury matter.
Do Litigators Always Go to Trial?
No.
Litigation does not automatically mean a case will reach a trial. Cases can be resolved through settlement or other processes before trial.
A litigator may therefore spend much of a case negotiating rather than presenting evidence to a jury.
This is one reason it is misleading to define a litigator simply as “a lawyer who goes to court.” The role encompasses the broader litigation process.
Which One Should You Hire?
The relevant question is usually not simply whether someone is called a lawyer or a litigator. What matters is whether the attorney has experience relevant to the legal issue you are facing.
If you have a legal dispute that may involve a lawsuit, litigation, or trial, you may want an attorney with experience handling that type of litigation. FindLaw similarly advises people considering litigation to look for an attorney with experience in the relevant practice area.
For example:
- Business dispute: Look for relevant business or commercial litigation experience.
- Personal injury lawsuit: Look for personal injury litigation experience.
- Employment dispute: Consider an attorney experienced in employment litigation.
- Real estate lawsuit: Look for relevant real estate dispute experience.
- Appeal: Look for an attorney experienced in appellate practice.
For a non-dispute legal matter, a lawyer who specializes in that particular area may be more relevant than a litigation-focused attorney.
Common Misunderstandings
“Litigator” is a separate type of legal license.
Not usually. In the U.S., “litigator” generally describes a lawyer’s practice focus rather than a separate license.
Every lawyer goes to court.
Not necessarily. Lawyers work in many areas that may involve little or no courtroom litigation.
Litigators only handle trials.
No. Litigation can involve pleadings, discovery, motions, negotiations, hearings, and appeals as well as trials.
Lawyer and litigator mean exactly the same thing.
No. Lawyer is broader. Litigator identifies a lawyer who focuses on litigation.
A case needs a trial lawyer from the beginning.
Not necessarily. Litigation involves many stages before trial, and cases can resolve without a trial.
A Simple Memory Trick
Remember:
Lawyer = legal profession
Litigator = litigation-focused lawyer
Or use this sentence:
Every litigator is generally a lawyer, but not every lawyer is a litigator.
That single distinction captures the central difference.
FAQs
Is a litigator higher than a lawyer?
No. “Litigator” is not generally a higher rank than “lawyer.” It describes a lawyer who focuses on litigation. A lawyer can have a different practice focus without being a litigator.
Can a lawyer become a litigator?
Yes. A lawyer can develop a practice focused on litigation and take on disputes, court proceedings, discovery, motions, trials, and related work.
Is a litigator the same as a trial attorney?
Not exactly. The terms overlap, but litigation includes more than trials. A litigator can work on a dispute before, during, and after a trial, while “trial attorney” emphasizes courtroom trial work.
Do litigators give legal advice?
Yes. Litigators are lawyers, so they can advise clients within the scope of their legal practice and applicable professional rules.
Can a litigator handle a settlement?
Yes. Settlement negotiations can be an important part of litigation. A dispute may be resolved without reaching trial.
Are lawyers and attorneys the same thing?
In common U.S. usage, lawyer and attorney generally mean the same thing: a person authorized to practice law.
What is the main difference between a litigator and a lawyer?
The main difference is scope. “Lawyer” is the broad term, while “litigator” identifies a lawyer who focuses on litigation and disputes handled through the legal system.
Conclusion
The simplest way to understand litigator vs. lawyer is to think of one as the broader category and the other as a specialization. A lawyer is a legal professional authorized to practice law, while a litigator is generally a lawyer who focuses on disputes and litigation.
If you are looking for legal representation, focus on the attorney’s experience with the specific type of legal matter you have. For a lawsuit or potential lawsuit, relevant litigation experience may be particularly important; for a transactional or advisory matter, another area of legal specialization may be more relevant.
