This article explores two broad categories of attorneys: transactional lawyers and litigation lawyers.
What is a transactional lawyer?
We’ll start with transactional lawyers. Transactional lawyers are lawyers who counsel individuals and organizations on legal issues. These legal issues may arise from business dealings or employment or being creative. A transactional lawyer can generally help with many transactions, including:
- Creating or forming legal entities
- Drafting and negotiating contracts
- Advising on governance, commercial, and compliance matters
- File the legally required forms like business licenses and tax exemptions
- Counsel on intellectual property and licensing
There are also many different types of lawyers in the transactional field. For example, our lawyers at Counsel For Creators are transactional lawyers who help all types of creators. However, other types of lawyers in the transactional field may only focus on other areas, such as securities law or tax law.
What services do transactional lawyers provide?
Transactional lawyers also counsel individuals by providing services, such as:
- Estate planning: drafting wills, power of attorney, etc.
- Personal contracts:
- Leases
- Employment agreements
- Loan modification documents for your personal dealings
- Real estate documents
- Independent Contractor Agreements
- Filing tax documents and other forms needed to access government benefits
What is a litigation lawyer?
In contrast to the transactional lawyer, there are also litigation lawyers. Commonly known as a litigator, trial lawyers represent parties in trials before federal, state, and local courts.
The primary functions of a litigation lawyer might be to:
- Interview the client and conduct an initial case investigation
- Draft documents, such as pleadings, complaints, answers, and counterclaims
- Draft and respond to interrogatories and document requests
- Conduct and defend depositions
- Draft support documents like motions and memorandum of law
- Conduct settlement negotiations and help with mediations
- Jury selection
- Appear and argue on behalf of clients in federal and state court
However, like transactional lawyers, there are also different types of lawyers on the litigation side.
When is each type of lawyer necessary?
You will only be able to determine when each type of lawyer is necessary based on the facts of your case. However, this section breaks down the types of lawyers you may need in these general circumstances.
Types of transactional lawyers
Transactional lawyers mainly deal with matters that do not involve courts or conflict. They help facilitate business dealings, contracts between individuals and entities, estate planning, taxes, etc.
Different types of lawyers in the transactional field can help you with your needs.
Estate planning attorney
Estate planning attorneys help with passing on your assets after you die. In some cases, an estate planning attorney will help prepare for when you can no longer care for yourself. Most estate planning attorneys can help with:
- Preparation of final will
- Setting up a trust; testamentary, and or living trust
- Writing a living will that outlines your end-of-life decisions
- Grant a power of attorney to make financial and health decisions on your behalf
- Draft advance medical directives
- Create guardianship nomination documents for your minor children
Intellectual property attorney
These attorneys focus on the intangible creations of the human intellect. Maybe you’re ready to start that business you’ve been talking about. Perhaps you came up with the perfect logo for the brand. Did you invent something new? An intellectual property attorney can assist in preparing documents to:
- File patents
- Trademarks, and
- Copyrights to protect your ideas.
It is always best to consult with experienced intellectual property attorneys to protect your IP! Here at Counsel For Creators, we emphasize the need for our creative clients to understand their rights. We focus on intellectual property for not only creatives but also businesses.
Tax law attorney
The tax law attorney specializes in – you guessed it – TAXES! Specifically, they help their clients (businesses and individuals) comply with the complicated system of tax codes. In addition, these attorneys have the legal playbook on tax deductions, credits, and exemptions.
One may describe their tax law attorney as their best friend. They can often provide consultations on business formation matters. This process inherently involves knowing a bit about tax law.
Entertainment attorney
Most entertainment lawyers provide services for artists, employees, companies, and individuals working in the entertainment industry. These attorneys specialize in contract law, labor law, and intellectual property. Typical duties for an entertainment attorney may include:
- Drafting contracts
- Contract review. The attorney will review, negotiate and bring equity to the contracts you’ve been approached with by managers, publicists, record labels, film studios, etc.
- Aid in securing the rights to use others’ work in compliance with copyright laws
- Help to understand performing rights.
- It is common for entertainment lawyers to work with other professionals like managers, agents, and accountants.
We represent creatives to ensure that they always understand their rights and ensure they can protect themselves when entering into contracts and creating work.
Types of Litigation lawyers
Litigators are lawyers who focus on going to court on behalf of the client. Most litigators have a specialized area of practice. Let’s explore some of the more common areas.
Personal injury attorney
You should consider hiring a personal injury attorney if someone else’s negligence physically, mentally, and financially injured you. If you are a defendant in a lawsuit, you will also want to seek a personal injury attorney to defend you in the case.
In short, if an injury to the body or mental anguish occurs, you will want to find a personal injury attorney. Some common torts are:
- Automobile accidents
- Animal bite injuries
- Wrongful death
- Slip and fall accidents
- Bad faith insurance claims
- Medical malpractice
- Nursing home abuse
Personal injury cases can be heavily complex and may require a specialized personal injury attorney.
Family law attorney
A family law attorney manages legal dealings between members of the same family. The most common issues that these attorneys help resolve are:
- divorces
- guardianship
- emancipation
- child custody
- adoption, and
- abuse and neglect cases.
Working with a family law attorney is wise for many reasons. Some of the most common causes include:
- They act as mediators
- They encourage parties to stay out of court
- It saves time and money
- Saves relationships where possible
Criminal attorneys
Also known as criminal defense attorneys and public defenders, these attorneys defend individuals in federal, state, and appellate courts. If you are charged with a crime by the federal government and state, you are entitled to a defense attorney under law.
You also can hire your own, but be aware of the cost of seeking a private criminal defense attorney.
Prosecuting attorney
Prosecutors are lawyers who conduct the case against the defendant in a criminal court. These attorneys work for the federal, state, or local government and institute legal proceedings on their behalf. Thus, prosecutors have a very high discretion of the authority, including but not limited to:
- Deciding what to charge and whether to charge
- Request bail
- Control of evidence such as witness statements and police reports
- Bargain powers. All plea bargaining is in the management of the prosecutor.
Civil rights attorney
One may consider the civil rights attorney the most championed type of lawyer of the different kinds of lawyers. These people specialize in protecting our civil rights and liberties granted by the United States constitution. Civil liberties refer to personal freedoms protected by the Bill of Rights – the first ten amendments of the United States Constitution. An example of common civil rights includes freedom of religion, speech, press, and the freedom to assemble.
Civil Rights vs. Civil Liberties
We often confuse civil rights and civil liberties. Civil rights are the legal provisions that stem from notions of equality. Civil rights are not in the Bill of Rights because they deal with legal protections. An example of civil rights is the Thirteenth Amendment to the United States Constitution which outlawed involuntary servitude, formally known as slavery.
Should any of your civil rights be violated by the government or someone acting as a government normally would, you must seek out a civil rights attorney. A civil rights attorney has similar functions to a criminal defense attorney. However, these still are different types of lawyers.
They both argue on your behalf against the government. However, these different types of lawyers do have differences. In a civil rights case, a civil rights lawyer will:
- Investigate your case and interview witnesses
- Conduct research on case law, statutes, crimes codes, and procedural law
- Negotiate plea bargains with prosecutors
- Argue on behalf of the client at trial
- Represent the client through the appeals process
When should I consider hiring one of these different types of lawyers?
Different types of lawyers are necessary for different types of matters.
Therefore, it is essential to remember that the different types of lawyers available do not mean these lawyers can practice in all areas. Thus, you should find a lawyer who meets your immediate needs and achieves your desired outcome of these different types of lawyers.
Litigation
While there are many types of litigators out there, be sure to find the one specializing in your type of dispute.
Transactional
If you are looking for a transactional attorney, be sure that you like and trust this person. This person will have information about your business and personal life. Therefore, you must choose someone you trust.
Criminal
If you have been charged criminally, remember that you are entitled to a defense attorney. If you have the means of support, you can hire a private defense attorney to represent you. However, if you do not, the state will appoint a public defender to take your case at no cost.
This blog does not include every single area of the practice of law. Here we have provided the American Bar Association’s directory and lawyer finder for your convenience.
