What Lawyers Go to Trial the Most?

Quick answer: The practice areas that tend to go to trial most often are criminal defense (including public defenders), prosecutors, and high-conflict segments of civil litigation such as personal injury (plaintiff and insurance defense), employment disputes, and certain commercial cases. Most legal matters still resolve before trial, but these lawyers see the inside of a courtroom more frequently than others.

Why some lawyers try more cases

Trials happen when negotiation, diversion, arbitration, or plea bargaining can’t resolve the dispute. Lawyers in areas with mandatory court appearances (such as criminal cases) or high-stakes liability (such as serious injury or business disputes) naturally see more trials. Local court culture and the parties’ risk tolerance also play a role.

Practice areas that see trials most often

1) Criminal defense (including public defenders)

Criminal defense attorneys regularly appear in court for arraignments, motions, evidentiary hearings, and, when cases don’t resolve, jury trials or bench trials. Case volume in criminal courts is high, and even though many cases end in pleas, defense lawyers remain among the most frequent courtroom advocates.

2) Prosecutors

Prosecutors handle an extensive docket and bring cases to trial when evidence supports prosecution and no acceptable plea is reached. Their trial frequency often mirrors the local crime rate, office policies, and available diversion options.

3) Personal injury litigation (plaintiff) & insurance defense

Most injury claims settle, but severe damages, disputed liability, or low settlement offers push cases to trial. On the other side, insurance defense attorneys try cases when carriers contest fault or damages.

4) Employment litigation

Wrongful termination, discrimination, and wage-and-hour disputes can produce trials when settlement positions are far apart or key legal issues need a jury’s determination.

5) Commercial and business litigation

Breach of contract, fraud, trade secret, and shareholder disputes often require litigation, particularly when injunctions or substantial financial exposure is at stake. Arbitration clauses reduce some trials, but not all business disputes are subject to arbitration.

6) Family law (contested matters)

Many family cases settle through mediation, but high-conflict custody or property disputes often go to trial, particularly when negotiations stall and the court must intervene to make a decision.

What affects trial frequency

• Jurisdiction & court culture – Some venues encourage settlement, while others set rapid trial dates, making trials more common.
• Case mix & stakes – Felonies, catastrophic injuries, and bet-the-company disputes increase trial likelihood.
• Procedural alternatives – Such as plea agreements, mediation, and arbitration, divert many cases from trial.
• Client goals & risk tolerance – The decision to accept a plea or settlement vs. trying the case is ultimately the client’s, guided by counsel.
• Evidence posture: When liability is hotly contested or key facts are disputed, trial odds rise.

How to spot a true “trial lawyer”

• Transparent case history – Ask about recent trials, role at trial, and results (verdicts, not just settlements).
• Motion practice – Trial attorneys routinely handle suppression motions, Daubert challenges, and in limine issues.
• Jury experience – Voir dire strategy, theme-building, witness prep, and cross-examination are core skills.
• Professional reputation – Peer recognition, speaking on trial skills, and mentorship of younger lawyers can signal active trial work.

Do most cases go to trial?

No. Across both criminal and civil systems, the majority of matters are resolved before trial through pleas, dismissals, mediation, or settlement. Trials are the exception, but when they happen, you want an attorney who is comfortable in the courtroom and prepared from day one as if the case will be tried.

When to hire for trial experience

If your liberty is at stake, damages are significant, or you anticipate a credibility fight, trial experience matters. Ask prospective counsel how early they develop trial themes, whether they conduct mock openings, and how they approach jury selection.

Frequently Asked Questions

Do public defenders go to trial a lot?

Public defenders often handle heavy caseloads and are frequently in court on a daily basis. While many cases plead, PDs routinely try instances, especially when diversion or acceptable pleas aren’t available.

Which civil lawyers are most likely to see a jury?

Personal injury (plaintiff and defense), employment, and certain commercial litigators are among the civil lawyers most likely to pick juries and try cases.

Disclaimer: This article is for informational purposes only and is not legal advice. Always consult an attorney for advice on your specific case.