Many people believe that all lawyers have the same training and that because an attorney is admitted to the bar and advertises in a particular area of the law, they have experience in that area. The reality is that all lawyers do not have the same training and simply being admitted to the bar in a particular state does not mean that an attorney is qualified to handle any case.
The law has grown increasingly complex over the past thirty years. The days of the general practitioner are over. This is not to say that there are not some lawyers who still claim to be generalists and do everything from immigration and divorce to criminal defense. However, again, claims and competency are two different issues. An attorney who specializes in everything is not likely competent to handle anything.
Becoming proficient in a specialized area of the law requires more than just having a license to practice law. Proficiency in any one area of the law can be achieved in many ways, but generally involves working with or under a more experienced attorney who specializes in that specific area. It also requires a desire to learn as much about that area of the law as possible. This can be accomplished through reading books and legal treatises, attending seminars and studying case reports. Then there are those things that cannot be learned from reading or watching, but must be learned through doing. Trial work is one such area.
Most people would be surprised to learn that many lawyers have never been to court and will never go to court at any time during their career. Only a small percentage of lawyers actually have experience in court and an even smaller percentage know how to conduct a trial and have actually litigated cases. Trial experience may not be important if you are having a will drafted or closing on real estate. But, it is critically important in the areas of criminal law (including traffic defense) and personal injury.
To effectively handle a criminal case (including a DWI/DUI or reckless driving case) or personal injury matter, a lawyer must prepare for and be willing to go to full-scale litigation. This is not to say that litigation is always necessary, but the attorney on the other side has to know that if push comes to shove, not only is your lawyer is willing to go to trial, but even more importantly, they are skilled at trying a case. Trial proficiency is a unique skill that very few attorneys have because it is something that very few attorneys do on a regular basis.
Trial skills require a combination of knowledge of the law, common sense about people, and the ability to question witnesses, present evidence and speak the accepted legal language necessary to persuade the judge. If your case does result in litigation, don't you want someone who knows how to do it? You certainly would not go to a surgeon who has never operated on anyone before, but only read about it in medical school.
Effective trial tactics cannot be demonstrated by a lawyer who is just learning, or has never tried a case before and is relying only on what they have read or observed. There are real world and long lasting consequences for clients when lawyers make mistakes because of their incompetence or inexperience. This all begs the question - How do I know who is competent and who is not?
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