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In the United States, a trial lawyer is a specific type of attorney who specializes in representing individuals, businesses, and other entities in civil litigation before trial courts. Typically trial lawyers have experience in litigation, which can include filing lawsuits, taking depositions, filing motions and pleadings, arguing cases to a judge and jury, as well as handling settlement negotiations.
Trial lawyers can represent both plaintiffs and defendants, although many choose to represent only plaintiffs or only defendants. Typically trial lawyers who represent plaintiffs are paid on a contingency basis where they earn a percentage of the damages awarded to the plaintiff. If the plaintiff is not successful at in settlement negotiations or at trial, the trial lawyer representing the plaintiff usually does not earn any fee. Most contingency fees range from between 30% and 50% of the amount awarded.
Trial lawyers have been demonized by proponents of tort reform and other business interests. For instance, a trial lawyer may sometimes be referred to as an ambulance chaser or greedy trial lawyer. Those favoring tort reform believe that trial lawyers are motivated by greed because of the manner in which many rely on the contingency system for compensation.