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Asked about 1 year ago - Marion, VA
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Excluding transactional lawyers, do you think I should consider an attorney's experiences in court more than just the amount of years the attorney has been admitted to the bar?
For example, if I have an employment discrimination case I want to take to trial, I think I'd prefer someone with court experience in that area, even if he or she has not been admitted to the bar as long as another lawyer who might not have such court experience.
What do you think? How much weight would you give each?
Lots of factors count in evaluating who's the right lawyer for a given job. Yes, actual trial experience in the field you're seeking representation and in the court you're in matters a lot, perhaps more than any other factors
But since most litigation never gets to trial, general litigation experience and experience settling cases may end up mattering just as much, and "bedside manner," responsiveness to the client, support staff and other resources, etc. etc. also count.
If I were to hire an attorney to litigate a matter for me, their experience in trial (preferably in that area) would be foremost and their years as an attorney in a completely different area of practice would be a negative to me.
For newer attorneys, those who practice even some criminal defense or who have interned with a prosecutor's office tend to get more courtroom experience early on, but still haven't forgotten all they know about the civil side. Also, because they are often trying to "prove" themselves, they will be enthusiastic in your representation. Just be sure that if you hire a less experienced attorney, you inquire about whether they work with mentors who can guide and assist them in that particular area of law. Good luck.
A lawyer with trial experience can give you a better estimate of your chances at trial, and so a better estimate of an appropriate settlement range.
And, a lawyer who has trial experience is usually not afraid to go to trial. That fear may be present in lawyers who rarely, if ever, see a trial, which includes many specialists. Which could cause them to urge settlement at a lower value than could otherwise be achieved.
And, a trial lawyer can co-counsel with a specialist and vice versa. You need not compromise if you can afford the bill and find a good working combination.
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