Defending People

the tao of criminal-defense trial lawyering

Trial Lawyers and Litigators

AHCL keeps taking Pat Lykos to task for calling herself a “litigator” when she has, as far as anyone can tell, never actually tried a case of any sort, much less a criminal case.

I think the fact that Lykos calls herself a “litigator” is the best evidence that she has, in fact, never tried a case.

Trial lawyers are proud of their work; if someone claims to be a “litigator” you can bet dollars-to-donuts that she hasn’t tried a case in years, if ever.

Litigation is what we do on the way to trial, but most litigation doesn’t result in trial. All trial lawyers are litigators, but not all litigators are trial lawyers.

I think it’s probably like “surgeon” and “doctor.”

Or “astronaut” and “pilot.”

“Homicide detective” and “cop.”

“Marathon runner” and “pedestrian.”

“Rock star” and “musician?”

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About The Author

Mark Bennett got his letter of marque from the Supreme Court of Texas in May 1995. He is famous for having no sense of humor when it comes to totalitarianism.

Comments

7 Responses to “Trial Lawyers and Litigators”

  1. anonymous c says:

    “AHCL keeps taking Pat Lykos to task for calling herself a “litigator” when she has, as far as anyone can tell, never actually tried a case of any sort, much less a criminal case.”

    Man, Mark! THAT is the very point of the thing!

    Exactly what is it that you are arguing about?

  2. Mark Bennett says:

    There’s a difference between saying “Pat Lykos is a liar because she calls herself a litigator” and saying “litigator doesn’t mean trial lawyer.” We know that Pat Lykos doesn’t try cases. How? Because she calls herself a “litigator.” Real trial lawyers don’t call themselves “litigators” . . . unless they’re filled with self-loathing, I guess.

  3. A Harris County Lawyer says:

    How about “Pat Lykos is deliberately trying to mislead the public by hoping that they will confuse ‘litigator’ with ‘trial lawyer’”?

  4. Mark Bennett says:

    I think that’s probably accurate.

  5. jigmeister says:

    Judges are not litigators or trial lawyers, though most were in the past. Judges are REFEREES. Some interfer in the game more than others, to the extent that they influence the outcome. Lykos shoddy treatment of the players (litigants and trial lawyers), may well have influenced the outcome on occasion.

  6. Mark Bennett says:

    The mind boggles at the fact that Lykos, never having tried a case, could become a criminal district court judge and might become a district attorney.

  7. jigmeister says:

    Speaking of trial lawyers and litigators. Anyone got George Parnham’s email address? It’s not on his website and I wanted to congratulate him.

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