Quick answer
Every trial attorney is a litigator. Not every litigator is a true trial attorney. A litigator handles civil disputes that involve the court system, including pleadings, discovery, motions, depositions, mediation, and settlement. A trial attorney is a smaller subset who actually argues cases before judges and juries. In Florida, only about 1 in 25 to 30 lawyers ever try cases regularly. Many cases settle without ever reaching trial, but if yours is heading that way, you want a real trial attorney rather than a litigator who has not been in front of a jury in years. The Florida Bar offers Board Certification in Civil Trial as a verifiable credential.
The plain-English distinction
In Florida and most US jurisdictions, the words “litigator” and “trial attorney” are used loosely. Many lawyers describe themselves as both. The substantive difference is what they actually do with their time. A litigator spends their week drafting complaints and answers, conducting written discovery (interrogatories, requests for production, requests for admission), taking and defending depositions, drafting and arguing motions, attending mediations, and negotiating settlements. Most litigators settle 90 to 95 percent of their cases without going to trial. A trial attorney does all of the above and also tries cases. They give opening and closing statements, examine and cross-examine witnesses, handle evidentiary objections in real time, and persuade juries. The skill set overlaps with litigation work, but the courtroom skills are distinct. It is hard to acquire and easy to lose if not practiced. If you are reading this because you have a Florida case or are about to file one, the question is not which to hire. It is how often the lawyer you are considering has actually tried cases recently.
What litigators do day-to-day
Civil litigation in Florida proceeds in stages. A litigator’s work fills each stage. Pre-suit phase. Investigating the claim, sending demand letters, and attempting early settlement. Many disputes are resolved here without a lawsuit. Pleadings. Drafting the complaint (plaintiff side) or answer and affirmative defenses (defense side). Motions to dismiss for legal insufficiency. Discovery. The longest phase in most cases. Written discovery requests both directions. Depositions of parties and witnesses. Subpoenas to third parties. Document production and review. Motions practice. Motions for summary judgment, motions in limine to exclude evidence, motions to compel discovery responses, and motions for protective orders. Mediation. Florida courts often require mediation before trial. The litigator prepares a mediation statement, attends with the client, and negotiates with the other side and the mediator. Settlement negotiations. Most cases settle. The litigator’s leverage in settlement comes from the strength of the case as built through discovery and motions. Trial preparation. If a case does not settle, the litigator prepares jury instructions, exhibit lists, witness lists, and pre-trial filings. This is where some litigators stop, and a trial attorney takes over. A skilled litigator can win a case at any of these stages without ever seeing a jury. A weak case loses at any of them, too.
What trial attorneys do that litigators do not
Trial work is a separate skill. A lawyer can be excellent at writing motions and managing discovery and still struggle in a courtroom because the demands are different. Voir dire (jury selection): Picking a jury that will be receptive to your client’s story. This requires reading people in a high-pressure setting and asking the right questions to expose bias. Opening statements: Telling the case as a story in 20 to 60 minutes without sounding rehearsed or argumentative. Setting the frame for everything that follows. Direct examination: Asking your own witnesses questions in a way that lets them tell their story. The witness is the star, not the lawyer. Cross-examination: Asking the other side’s witnesses questions designed to expose weaknesses in their account. Closed leading questions, rapid pace, no surprises. Evidentiary objections: Recognizing in real time when the other side is trying to introduce hearsay, irrelevant, or improper evidence, and objecting cleanly without disrupting the flow. Closing arguments: Pulling the case together for the jury. Emotional but not maudlin. Logical but not boring. Jury management: Reading the jury throughout the trial. Adjusting tactics when something is not landing. Real-time decision-making: Trials are unpredictable. Witnesses say unexpected things. Judges make rulings on the fly. A trial attorney makes hundreds of micro-decisions per day during trial that affect the outcome. This is a craft. It is built over years of trying cases, watching trials, and learning from mistakes.
Florida Board Certification in Civil Trial
The Florida Bar offers a formal Board Certification in Civil Trial Law. It is the most rigorous credential available for verifying trial experience in Florida. Requirements include:
- At least 5 years of practice
- Substantial involvement in civil trial work (defined by hours and case count)
- A minimum number of contested civil trials, usually around 10 to 15
- Peer review from judges and other attorneys
- Passing a comprehensive written examination
- Continuing legal education in civil trial subjects
Approximately 7 percent of Florida lawyers hold any board certification, and only a fraction of those are certified in civil trial. Florida Bar Board Certified Civil Trial Lawyers can be found in the Florida Bar lookup, with the certification clearly listed. When evaluating a Florida attorney for a case heading to trial, certification is a strong positive signal. It is not a requirement, and there are excellent uncertified trial lawyers, but certification removes the guesswork from the experience question. Other relevant Florida Bar certifications:
- Civil Trial Law (most common for litigation)
- Construction Law (specific to construction disputes)
- Marital and Family Law (family court)
- Real Estate Law (transactional plus litigation)
- Workers’ Compensation
- Business Litigation (newer specialty)
Why most cases never see a courtroom
Florida civil cases settle at high rates. National and Florida data consistently show:
- Roughly 90 to 95 percent of civil cases settle before trial
- Of cases that are filed, fewer than 5 percent reach a jury verdict
- Of cases that reach a verdict, many are resolved by directed verdict or other ruling rather than full jury deliberation
Why so few trials? Cost: A multi-day jury trial in Florida can cost $50,000 to $250,000 in attorney fees and costs per side. Mediated settlements are far cheaper. Time: Trials in busy Florida circuits can be 2 to 4 years out from filing. Settlements can be resolved in months. Risk: A jury verdict can swing far in either direction. Predictability of mediation is appealing to both sides. Court pressure: Judges actively pressure parties to mediate. Many cases are referred to mandatory mediation before any trial date. Insurance considerations: Insurers prefer predictability. Most personal injury and many commercial cases involve insurer-funded defense and insurer-controlled settlement decisions. The implication for your hiring decision: do not over-index on trial skill if your case is the kind that almost certainly settles (slip-and-fall, garden-variety auto accident, contract dispute under $100k). Solid litigation skills matter more than peak trial skills in those scenarios.
When you need a trial attorney specifically
In some cases, hiring a real trial attorney from day one matters enormously. Even if the case settles, the credible threat of trial drives better settlement value. Cases where trial skill matters most:
- Significant personal injury or wrongful death: Insurers offer different settlement values based on the attorney’s trial reputation. A real trial lawyer often gets 20 to 50 percent higher settlements on identical facts.
- Commercial disputes over $500,000: Defendants take cases more seriously when a plaintiff’s counsel has actually tried cases.
- Cases against deep-pocketed defendants who would rather litigate than settle: Some opponents only respect attorneys who will go to trial.
- Cases involving credibility battles: When the case turns on whose story the jury believes, presentation skills matter.
- Punitive damages cases: These rarely settle for full value. A trial is often necessary.
- Class actions: Trial is more probable than in standard cases.
- Cases where settlement value depends on trial reputation: Reputation is built case by case. A lawyer who has not tried a case in 5 years has a limited credible threat.
If your case fits one of these patterns, the question to ask is concrete: “How many civil cases have you tried to verdict in Florida in the last 5 years, and what types?”
The hybrid: litigators who try cases
Many Florida attorneys are competent litigators who try 1 to 3 cases per year. They handle their cases through discovery and settlement most of the time but go to trial when settlement is not in the client’s interest. This is the most common skill profile and is appropriate for most cases. The lawyer is current on courtroom practice without being a full-time trialist. A pure trial attorney (10+ trials per year) is rare and often associated with major plaintiff PI firms or specialized trial boutiques. They typically take fewer cases and demand higher fees or higher contingency percentages. A pure litigator who has not tried a case in 5 to 10 years is also common. They are often excellent at the negotiated parts of cases. Their weakness shows only when the case actually goes to trial. For most clients, a hybrid is the right hire. For high-stakes cases, a pure trial attorney may be worth the premium.
How to verify trial experience honestly
Lawyers’ marketing tends to overstate trial experience. Verify with specific questions and public records. Direct questions to ask:
- How many civil jury trials have you tried to a verdict in the last 5 years?
- In what counties? (Miami-Dade and Broward differ from rural counties.)
- What types of cases? Specific case types matter.
- What were the outcomes? Wins and losses.
- Were you lead counsel or second chair?
- Are you Florida Bar Board Certified in Civil Trial?
Public records to check:
- Florida Bar lookup for board certification status
- Court docket searches on Florida county clerk websites for the attorney’s name as counsel of record. Most counties allow this for free. Look for trial-stage entries (verdict forms, jury instructions, trial dates that actually went forward).
- PACER for federal court trials (small fee per search).
- News searches for any reported verdicts.
A lawyer with real trial experience can name specific cases, courtrooms, and judges. A lawyer who has not really tried cases will speak in generalities.
Cost differences and what you actually pay for
Trial attorneys generally cost more than pure litigators, but the structure varies by case type. Hourly cases (commercial, business, employment):
- Senior litigator: $350 to $650 per hour in Florida
- Senior trial attorney with strong track record: $500 to $900 per hour
- Board Certified specialist: $600 to $1,200 per hour at top firms
Contingency cases (personal injury, some commercial):
- Standard contingency: 33.33% pre-suit, 40% after suit filed (Florida Bar standard)
- Trial-heavy contingency cases sometimes shift to 40% even pre-suit because the firm is committing to trial-prep resources
- Specialized boutiques may negotiate higher percentages on complex cases
Fixed fee cases (rare in litigation):
- Some immigration and small commercial matters
- Less common for trial work
What you are paying for at the higher end:
- Trial preparation hours that pure litigators do not bill (focus groups, mock juries, exhibit preparation)
- Time spent in court that a settlement-only practice does not require
- Senior attorney’s attention rather than the associate handling
- Trial-day reputation that drives settlement value
- Resources to fund expert witnesses and trial consultants
For a case that will settle, paying trial-attorney rates wastes money. For a case that needs trial credibility, settling for a discount-rate litigator costs you in settlement value.
