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What litigator exclusively handles pre-trial work?
I would think it would be difficult to really be an effective advisor if you’ve never done ANY litigating. Getting to trial is rare, but getting to a MTD or MSJ and having some experience of what that process entails would, I think, be necessary to be able to fully advise clients on the risks/rewards of settlement in any given matter.
I think it’s not a valuable skill set, I also don’t know how you could have any clue what happens in court if you’re not in court at least a few times a week.
I agree that pre-litigation is not as substantive as handling MSJs, trials, or appeals, and think pre-litigation and settlement efforts in general benefit a lot from a deeper understanding of litigation.
Not at all - at my firm I build teams around prelit & lit, with the attorneys at both levels being responsible for most of the work with the help of support staff, and they’re all equally valuable. Not every case needs to be litigated, and not every attorney wants to litigate.
I used to work in a highly successdul mid-size firm whose last trial was in Dec. 2023. Trial experience is highly valued but, even without it, you are not an "incomplete" litigator at all.
It’s not so much that they’re undervalued. It’s just that if a firm (especially a smaller) firm is going to be hiring someone mid- or senior level, they’re going to be hiring someone they won’t have to train from scratch. If they’re hiring for a position that involves going to court, they might just prefer to hire someone who knows the judges, knows what to expect at conferences, has taken some depositions. It’s not that your experience isn’t considered valuable, it’s just that they need other on point experience too.
Theyre generally considered lower quality lawyers