Trying cases is exhilarating. For as long as the trial lasts, the mind is singularly focused, awake and asleep (mostly awake), on one thing: Winning the case. Trial counsel must carry the action—and never endure a dull moment in the courtroom. Win, lose or draw, the second the trial ends, there is a group of zealots who crave only one thing—the start of the next trial. These deranged people are not litigators. They are trial lawyers.
The difference between trial lawyers and litigators is well-known, but rarely practically applied in selecting counsel. When general counsel interviews firms, the ultimate question to a prospective lead counsel should not be: “How many cases have you litigated?” Most experienced lawyers will say hundreds, if not a thousand or more.
