What Is a Trial Attorney and What Do They Do?

In a personal injury law firm, some attorneys focus work on cases that will settle outside of the court room, but "trial attorneys" handle injury cases always having the possibility of a trial in mind. They know that some cases settle through negotiation, but others will require a court battle and they have the training and experience to take that on.

Even if the case doesn’t "go to trial," the attorney’s readiness to take the case to court can shape how the other side responds and even lead to better settlement agreements.

A Look at the Work of a Trial Attorney

Before Trial

Investigation and case development

First there will be a review of the records, looking for missing information, and filling in the gaps that could cause problems later.

Expert coordination

If the injury or cause is being questioned, the attorney may bring in a doctor or other expert to give supporting testimony related to the case.

Pre-trial motions

The attorney may ask the judge to exclude certain evidence or require the defense to respond to something they may have avoided.

Discovery and depositions

Each side asks for information and takes sworn statements to see where the case stands and if anything needs to be challenged.

Positioning for negotiation

When the defense sees the case being built for trial, they may take it more seriously and adjust their offer.

During Trial

Jury selection (voir dire)

During jury selection a trial attorney asks questions of potential jurors to help spot bias and remove jurors who may not be able to fairly decide the case.

Opening statements

Each side gives the jury a preview of the evidence and what they believe the case is about.

Witness testimony

The attorney questions their own witnesses, then cross-examines the other side’s to test their version of events.

Objections and courtroom control

During trial, the attorney may object to certain questions or evidence to keep the jury from hearing something that shouldn’t be admitted.

Closing argument

At the end, the attorney connects the key facts and asks the jury to decide the case based on the evidence they’ve seen.

After Trial

Post-trial motions

After trial an attorney (most often on the losing side) may ask the judge to consider changing the result if there was a mistake during trial. That could be about how the law was applied or how the court handled a specific issue.

Judgment and collection

After winning a case it takes time for the awarded compensation to actually get paid out. The attorney may need to deal with delays or take extra steps to get the money moving.

Appeal preparation

If the other side challenges the outcome, the attorney may keep working on the case or possibly bring in a lawyer who specializes in handling appeals. The appeal is limited to what’s already in the trial record, so how the attorney handled objections, motions, and evidence initially can shape what the higher court reviews.

What Makes a Great Trial Attorney?

Courtroom Experience and Legal Knowledge

Some attorneys spend years practicing without ever taking a case to trial, which isn't always a problem, but when a case doesn’t settle, it’s not the time to learn how a courtroom works. A trial attorney is ready to successfully navigate the courtroom experience and knows what to do when something doesn’t go according to plan.

Storytelling, Persuasion, and Fast Thinking Under Pressure

The facts don’t always speak for themselves so you need a lawyer that can bring them to life in a compelling way, that leads to a verdict in your favor. A good trial attorney can do that without talking down to the jury or burying the point. If something changes in the middle of testimony, or a witness says something unexpected, they should be able to respond without losing the thread.

Professionalism, Ethics, and Emotional intelligence

Jurors are watching the case closely. They watch how the attorney treats witnesses, how they react to the judge, and how believable they are. The person representing the case has to be respected in the room, or the facts may not carry as much weight.

Focused on the Result for the Client

The attorney should care about the result for the person they’re representing, not just about how the case looks on paper or how it might affect their reputation. That shows in preparation, how they explain things, how they choose what to emphasize when it’s time to speak, and how they stay focused on what the outcome means for the person they represent.

Do You Actually Need a Trial Attorney for Your Injury Case?

You don’t have to know whether your case will go to trial in order to talk to a trial attorney, however you do need a reason to think the case may not resolve easily and that the other side won’t just do the right thing once the paperwork is in.

If you’ve been injured and you’re still figuring out whether to hire a lawyer at all, this checklist can help you think through whether trial experience might matter in your case.

Ask yourself the following:

• Has the injury changed how you live, work, or take care of yourself on a day-to-day basis?
• Are you still getting medical care or dealing with symptoms that aren’t improving?
• Did the other driver, company, or person deny fault or blame you?
• Has anyone involved already filed an insurance claim, but left you out of it?
• Are there multiple people, vehicles, or businesses connected to what happened?
• Did the insurance company deny your claim or make an offer that feels rushed or low?
• Is the injury connected to a public agency, like a city or county vehicle?
• Have you been asked to give a recorded statement, but don’t feel comfortable doing that?
• Are you feeling pressure to settle before your treatment is finished?
• Have you tried to handle things on your own, but now nothing’s moving?

If you’re seeing yourself in more than one of these, you may need to work with someone prepared to take your case to trial and with the experience to do it. Trial attorneys don’t always file lawsuits, but they treat the case as if it may go there and are ready if it does.

When You Might Not Need a Trial Attorney

1. Minor Injuries: If the injury was minor and you recovered quickly, there may not be a need to bring in a trial attorney. Especially if you didn’t miss work or need much follow-up care.
2. Clear Fault and a Fair Offer: If the case has clear fault and there is a reasonable offer already on the table, a trial attorney generally isn't needed. If it covers your bills, makes up for what you missed, and nothing feels off, you may be able to wrap it up without help.
3. Small Claims: When the amount at stake is low, like under $10,000 in most situations, you might be dealing with something that belongs in Small Claims Court. Small claims cases are usually handled without an attorney.
4. Not Sure? If you’re unsure, just ask. Free consultations exist for a reason, and it’s always better to get a straight answer than guess and regret it later.

Talk to a Washington Trial Attorney Who’s Been There

You don’t need to know how your case will unfold to get real answers. If you’re unsure about what to do next, or whether trial might even be part of the picture, it’s okay to ask.

Here’s what you’ll get when you contact Freeman Law Firm:

• A free consultation with an attorney, not a case manager
• A trial-tested team that prepares early, not just when court gets close
• Local experience with complex injury cases across Washington
• Straight advice about whether your case needs a trial attorney—or not

If a serious injury has disrupted your life or someone close to you, call Freeman Law Firm, Inc. at (253) 383-4500 or send us a message today. Our trial attorneys will fight on your behalf and are ready to take the case to trial, if that’s what is needed to secure justice and the compensation you deserve.