A lawyer is a general term used to describe someone who has been trained and licensed to practice law. Lawyers can provide a wide range of legal services, including drafting documents, providing legal advice and representation to clients. Litigators, on the other hand, are a specific type of lawyer who focus on the courtroom and trial work.

Essentially, a litigator is a type of lawyer who specializes in handling lawsuits and going to court to represent clients in disputes. They are also known as trial lawyers, litigation lawyers or barristers in the UK. Litigators are responsible for representing clients in civil or criminal trials, as well as in other legal proceedings such as arbitrations, mediations, and administrative hearings. They are usually involved in the entire litigation process, from the initial investigation, to pre-litigation negotiations, to drafting and filing legal documents, to arguing in court and reaching settlements.

To put simply: Litigators are responsible for handling a case from the initial filing of a lawsuit through to the final trial or settlement. They are the ones who present evidence and argue in court on behalf of their clients. They also handle pre-trial motions, negotiate with opposing counsel, and handle appeals. Litigators typically work on civil cases, such as personal injury, employment discrimination, and contract disputes.

On the other hand, a lawyer (or typically referred as an attorney in the US) is a general term that can refer to any professional who is trained and licensed to practice law. Lawyers can work in many different areas of law, such as criminal law, family law, immigration law, and corporate law, and may not necessarily specialize in litigation. Some lawyers may work as in-house counsel for a company, advising the company on legal matters and representing the company in negotiations, while others may work in non-profit organizations or government agencies.

A lawyer who is not a litigator, is often referred to as a transactional lawyer or a solicitor. They focus on helping clients to avoid disputes and resolve legal issues through negotiation and documentation rather than going to court. Transactional lawyers typically handle matters such as legal advice, business advisory services from the legal perspective, drafting legal documents and reviewing the same, conducting mergers and acquisitions, real estate transactions and prepare wills and other legal documents. To conclude, transactional lawyers do not participate in court proceedings, unlike litigators.

Litigators, on the other hand, have to be skilled in trial advocacy, which includes understanding evidence and procedural rules, developing a trial strategy, and presenting a case in a clear and persuasive way. They also need to be able to think on their feet and improvise when necessary. In contrast, transactional lawyers mainly focus on understanding the law and serve client's for the more standardized needs, whereas litigators are more familiar with the case law if something is to go in front of the Judge

In summary, while all litigators are lawyers, not all lawyers are litigators. Litigators specialize in courtroom and trial work, while transactional lawyers focus on non-contentious legal matters. Litigators need to be skilled in trial advocacy, while transactional lawyers usually focus and have an infrastructure to serve non-contentious client needs on more cost-effective or standardized basis.

There are several risks associated with heading into trial, including the potential for a negative outcome, the high cost of litigation, and the potential for reputational damage.

One of the primary risks of heading into trial is the potential for a negative outcome. Even if a party believes they have a strong case, there is always the possibility that a judge or jury will rule against them. This can result in a significant financial loss, as well as potential legal liabilities

Another risk of heading into trial is the high cost of litigation. The process of preparing for and conducting a trial can be very expensive, with legal fees, expert witness fees, and other costs adding up quickly. This can be a significant financial burden for individuals and businesses, and can even lead to bankruptcy in some cases.

Additionally, heading into trial can also result in reputational damage. Negative publicity from a trial can harm the reputation of individuals and businesses, and can be especially damaging for those in the public eye. This can make it difficult to do business, and can lead to long-term damage to a person or company's reputation.

Finally, there is also the risk of an appeal. Even if a party wins in trial, the opposing party may choose to appeal the decision, leading to a new trial and prolonging the legal process. This can be emotionally draining and also costly.

Overall, heading into trial is a serious decision that should not be taken lightly. Parties should carefully consider the potential risks and weigh them against the potential benefits before proceeding with litigation.

The rules of civil procedure govern the conduct of a lawsuit in the common law legal system. These rules dictate the procedure that must be followed in civil litigation, including how a case begins, how discovery is conducted, and how the case proceeds to trial.

One of the most important rules of civil procedure is the rule of jurisdiction, which states that a court must have jurisdiction over the parties and the subject matter of the case in order to hear it. This means that the court must have the authority to hear the type of case being brought, and that the parties must reside or have a significant connection to the geographical area covered by the court.

Another important rule is the statute of limitations, which sets a time limit for bringing a case. This means that if a person waits too long to file a lawsuit, the court will likely dismiss the case.

The rules of civil procedure also include rules for pleadings, which are the initial documents filed by the parties that describe the nature of the case and the relief they are seeking. These pleadings include the complaint, which is filed by the plaintiff, and the answer, which is filed by the defendant.

The rules also include rules for discovery, which is the process of gathering evidence before trial. This can include the exchange of documents and information, as well as examinations for discoveries and cross-examinations, which are sworn statements given under oath.

The rules also include rules for trial, such as rules for the admissibility of evidence, rules for the conduct of witnesses, and rules for the closing arguments.

Finally, the rules also include rules for appeals, which allow a party to challenge a decision by the lower court.

In summary, the rules of civil procedure are a set of rules that govern the conduct of a lawsuit in the common law legal system. They dictate the procedure that must be followed, including how a case begins, how discovery is conducted, and how the case proceeds to trial.

Whether it is better to be self-represented or to hire a litigation lawyer for a dispute depends on several factors, including the complexity of the case, the amount of money at stake, and the individual's comfort level with the legal system.

Self-representation, or "pro se" representation, is the process of representing oneself in legal matters without the assistance of a lawyer. This option is often chosen by individuals who cannot afford to hire a lawyer or who believe that their case is simple enough to handle on their own. However, it is important to note that the legal system can be complex, and self-represented individuals may not be familiar with all the rules and procedures that apply to their case.

On the other hand, hiring a litigation lawyer can be beneficial because a lawyer will have knowledge of the legal system and the specific laws that apply to the individual's case. A lawyer can also provide guidance and advice on how to present evidence and argue the case in court. Additionally, a lawyer will also be able to negotiate a settlement on the individual's behalf, which can be beneficial if the case can be resolved without going to trial.

Furthermore, if the case is of high value or if it has the potential to become a precedent setting case, it is highly recommended to have a lawyer representing you. (However, bear in mind, knowing the law is not always sufficient but knowledge of the case law behind the precedents is what matters more and how Judges typically arrive at the decisions that many self-represented individuals are not familiar with). Therefore, a lawyer can provide you the best representation from both knowledge base and procedural basis to obtain the better chance of success in the court. To put simply: a litigation lawyer can also help you navigate the complex legal system and protect your rights.

In summary, self-representation may be appropriate for simple and straightforward cases but hiring a litigation lawyer can be beneficial for more complex cases or cases where a large sum of money is at stake. It ultimately depends on the individual's specific circumstances and their comfort level with the legal system.

When choosing a civil litigation lawyer, there are several factors to consider. The first step is to determine the type of case you have. Different lawyers specialize in different areas of law, so it's important to find one who has experience in your specific type of case. For example, if you have a medical malpractice or immigration cases, you'll want to find a lawyer who has experience handling personal injury cases or immigration law, likewise, if you require a litigation lawyer specializing in Corporate, Real Estate or Estate matters, it definitely makes more sense to hire the right litigation lawyer from the get-go rather than losing the case or trying the right one later to do an Appeal.

Next, consider the lawyer's qualifications and experience. Look for a lawyer who has been practicing law for several years and has a good track record of winning cases similar to yours. You can also check their education, certifications, awards and generally, obviously, their outlook towards the litigation. (i.e. whether they really want to advocate on client’s behalf or just interested in settling the dispute as soon as possible with minimum effort on their end).

It's also important to find a lawyer who you feel comfortable working with. You'll be working closely with your lawyer throughout the case, so it's important to find someone you trust and feel comfortable communicating with.

You should also consider the lawyer's fees. Some lawyers charge by the hour, while others charge a flat fee. Be sure to understand the lawyer's billing structure and whether there are any additional costs, such as disbursement expenses.

Finally, it is a good idea to meet the lawyer in person and ask them about the case. This will give you an idea about the lawyer's approach and how they plan to handle your case.

In summary, when choosing a civil litigation lawyer, consider the lawyer's qualifications and experience, their billing structure, and whether you feel comfortable working with them. Also, it is important to ensure that they have experience handling cases similar to yours.