Most attorneys will never see the inside of a courtroom. They draft contracts, negotiate settlements, and handle paperwork. But when it’s time to stand up in front of a judge and jury, they step aside. That’s where a trial lawyer comes in.
So what is a trial lawyer, exactly? A trial lawyer is an attorney who does what most lawyers won’t. They take cases all the way to verdict, cross-examine witnesses, challenge evidence, and fight for their clients in open court. Not every attorney has the training, experience, or nerve to do it well. The ones who do can mean the difference between your freedom and a conviction.
If you’re facing criminal charges in Texas, you don’t just need a lawyer. You need a trial lawyer who has actually won. Mark Thiessen has handled over 10,000 cases all over Texas and has secured 140+ Not Guilty verdicts for clients facing some of the most serious charges in the state.
Call Thiessen Law Firm today at (713) 864-9000 or contact us online to start building your defense.
What does a trial attorney do?
Not every attorney that goes to court can call themselves a “trial lawyer,” meaning trial lawyers do a lot more than spend time in courtrooms. A trial attorney is involved in every stage of a case, from the moment they take you on as a client to the final verdict. Here is what that process looks like in practice.
Investigating the case
Before anything else, a trial lawyer digs into the facts. They review evidence, interview witnesses, and look for weaknesses in the prosecution’s case. The more they know going in, the better positioned they are to win.
Building a defense strategy
Every case is different. A skilled trial attorney builds a strategy tailored to the specific charges, the evidence, and the client. There is no one-size-fits-all approach when someone’s freedom is at stake.
Filing pretrial motions
Trial lawyers use pretrial motions to shape the battlefield before the jury is ever seated. They can file motions to suppress illegally obtained evidence, dismiss charges, or exclude testimony that shouldn’t be heard in court.
Selecting the jury
Jury selection is an art form. A trial attorney knows how to identify jurors who are fair-minded and root out those who may be biased against their client from the start.
Arguing in court
Opening statements, witness examination, cross-examination, closing arguments. A trial lawyer has to be sharp, persuasive, and composed under pressure at every stage.
Challenging evidence
Not all evidence is valid. Trial attorneys know how to challenge the reliability of breathalyzer results, question the credibility of witnesses, and expose flaws in forensic testing.
Fighting for the best outcome
Whether that means a Not Guilty verdict, a dismissal, or a reduced charge, a trial lawyer’s job is to get the best possible result for their client.
Hear from Mark as he explains what a trial lawyer is and why it matters in more detail:
What’s the difference between a lawyer and a trial lawyer?
Not all lawyers are created equal. The term “lawyer” is a broad label that covers everyone from real estate attorneys to tax advisors. A trial lawyer is something more specific. They are trained and experienced in courtroom litigation, and their entire skill set is built around winning in front of a judge and jury.
Here’s a side-by-side look at how they differ:
| Lawyer | Trial lawyer | |
| Primary setting | Office, boardroom | Courtroom |
| Core skills | Drafting, advising, negotiating | Litigation, cross-examination, oral argument |
| Courtroom experience | Limited or none | Extensive |
| Handles trials | Rarely | Yes, regularly |
| Goals | Resolve matters outside of court | Win in court |
| Best for | Contracts, estate planning, compliance | Criminal defense, civil litigation |
Most lawyers will do everything they can to keep a case out of the courtroom. A trial lawyer prepares for the courtroom from day one. That difference in mindset matters enormously when your freedom is on the line.
Do I need a trial lawyer for my case?
The short answer is: if you are facing criminal charges in Texas, yes. Not every attorney who takes criminal cases is prepared to actually try one. Many will push for a plea deal because it is faster and easier for them. A great trial lawyer does the opposite. They prepare every case as if it is going to trial, because that preparation is exactly what gives them the leverage to negotiate from a position of strength, and the readiness to win if it comes to that.
Here are some situations where hiring a trial lawyer is especially critical:
You are facing felony charges
Felony convictions carry life-altering consequences, including prison time, loss of voting rights, and a permanent record. You need someone who can fight at the highest level.
The evidence seems stacked against you
A skilled trial lawyer knows how to challenge evidence that looks airtight. Breathalyzer results, witness testimony, and forensic evidence all have vulnerabilities that an experienced attorney can expose.
Continue reading: Can a breathalyzer be wrong?
You have been offered a plea deal that doesn’t feel right
Prosecutors offer plea deals because they want to avoid a trial. If they are pushing hard for a quick resolution, it may be because they know their case has weaknesses.
Your future depends on the outcome
Your career, your family, your freedom. Some situations are too important to hand off to an attorney who has never won a verdict.
Not sure where to start? Read our guide on when to hire a Texas criminal law attorney to get a clearer picture of where you stand.
Trial lawyer — FAQs
What is the difference between a trial lawyer vs. litigator?
A litigator handles the broader legal dispute process, which includes filing motions, conducting discovery, and negotiating settlements. A trial attorney takes it a step further and is specifically skilled in arguing cases in front of a judge and jury. All trial attorneys are litigators, but not all litigators are trial attorneys.
What is the difference between a trial lawyer vs. defense lawyer?
A defense lawyer is anyone who represents a client facing criminal charges, but that does not mean they have courtroom experience. A trial lawyer is a defense attorney who is specifically trained and experienced in taking cases to a verdict. When the stakes are high, that distinction can make all the difference.
How much does a trial lawyer cost?
The cost of hiring a trial lawyer varies depending on the complexity of your case, the charges you are facing, and the attorney’s experience level. What you should never do is make your decision based on price alone. An inexperienced attorney who costs less upfront can cost you far more in the long run if they are not equipped to win your case.
Continue reading about DWI lawyer costs and fees
Most lawyers settle. Mark Thiessen wins.
Most attorneys will tell you they can handle your case. But what is a trial lawyer good for if they can’t back that up in a courtroom? The distinction matters when your freedom, your record, and your future are at stake.
Mark Thiessen is a quadruple board certified Houston DWI lawyer with 140+ Not Guilty verdicts and thousands of dismissals for clients facing serious charges across Texas. Looking for a Houston criminal defense attorney? Thiessen Law Firm has the courtroom record to back up every claim we make.
Hiring the wrong attorney is a mistake you may not get a second chance to fix. Call Thiessen Law Firm today at (713) 864-9000 or contact us online to start fighting back.
More Helpful Articles by Thiessen Law Firm:
- What Not to Do After a DWI Arrest in Texas
- How Does Blood Alcohol Content in Texas Impact DWI Charges?
- 10 Myths About Drinking and Driving: Debunked
- Acquittal vs. Dismissal: What’s the Difference in a DWI Case?
- Do I Need a Lawyer for DWI in Texas?
