Matters involving guardianship , probate estates, wills and trusts sometimes can end up in court. Thus you need to have the best lawyer to go through the court processes in order to get justice.
What might appear to be a trust administration and simple probate at the start , may turn unexpectedly into a litigation matter when a spouse ,child or other beneficiary is either unhappy .The office attorney who handles the trust administration or probate up to a particular point thus doesn’t handle disputed matters hence recommends to the client to hire another lawyer to deal with the litigation segment.
There are a lot of situations where litigation suddenly happens to be the order of the day. In this scenario, there is need to bring a new lawyer into the matter and, as a client, you need to know how lawyers work and how these kinds of matters are handled in court.
There are essentially two kinds of lawyers that handle these cases. First, are those who handles the whole litigation from the beginning to end including personal , if necessary, conducting of the trial of your case. Secondly ,those who handles the preliminary matters but don’t have the essential trial skills and brings in another lawyer at the last minute ,which means you are paying either two or three lawyers ,who actually conducts the trial, if it comes to point. Thus, a lawyer may express himself or herself as a fiduciary “litigator,” but may not mean him or her fiduciary or probate “trial lawyer.” That distinction is significant!
A trial lawyer essentially prepares the case for trial, goes to the trial, cross examines witnesses and makes the argument to the judge – in other words, the one who handles the final vital part of the case .The litigator can argue during preliminary hearings and attend arbitration to try settling the case – but if the matter can not be settled, thus another lawyer is needed in the case to conduct the trial.
Even though there are distinctions between the two attorneys, those variations do not make one better than the other. They each serve diverse functions and perform diverse roles. Working with both types gives you the best of both scenarios: a skilled lawyer familiar with the ins and outs of your case and a specialist presenter who can argue best in court in your position if it gets that far. Many law firms have both lawyers and litigators on staff, giving you access to both kinds of specialists less than one roof.
Lastly, if you prefer to have a single lawyer to represent you through the whole process make sure that you ask about his or her experience in court and particularly if it has included cases involving the same legal subjects as yours. Then you will need to decide if the lawyer has the experience you need to carry out your case through to the end or if you are better off to begin with a litigator and hiring a trial lawyer if when your case gets to the courtroom.