Jul 11, 2025

How to Vet a Trial Lawyer Before Your Business Is Sued

For business owners in Fort Lauderdale and across South Florida, the idea of hiring a trial lawyer often comes too late—after a lawsuit has already been filed. But waiting until you’re under pressure in court to vet legal counsel is one of the most costly mistakes a business can make.

At Conrad & Scherer, we’ve seen it time and again: businesses scrambling for representation in the middle of a legal crisis. The truth is, the best time to vet and retain a trial lawyer is before a dispute even begins.

Why Trial Lawyers Are Different

Not all attorneys go to trial. In fact, most legal work today is transactional or advisory. But when your business is facing high-stakes litigation, you need a lawyer with actual courtroom experience—someone who understands jury dynamics, evidentiary rules, and how to build and deliver a compelling case under pressure.

Trial lawyers are uniquely equipped to:

  • Prepare for depositions and discovery with litigation strategy in mind
  • Negotiate from a position of strength
  • Take a case to verdict when needed

What to Look for in a Trial Lawyer

1. Courtroom Experience

Ask how many trials they’ve handled. Not arbitrations or settlements—jury or bench trials to verdict. Look for someone who regularly tries cases, not just settles them.

2. Track Record With Business Disputes

The best trial lawyer for a medical malpractice case may not be right for a partnership dispute or a breach of contract matter. Make sure your lawyer has handled cases like yours—ideally in your industry.

3. Local Knowledge

Judges, juries, and court procedures can vary widely even within Florida. A trial lawyer familiar with Broward, Miami-Dade, and Palm Beach County courts will have insights that out-of-town lawyers may lack.

4. Tactical Judgment

Litigation is about more than arguing a case. It’s about knowing when to push, when to settle, and how to frame your position for maximum effect. Ask how they approach early case strategy and what role they play in pre-trial negotiations.

5. Reputation and References

Look at online reviews, ask for business client references, and check for recognition in legal publications or verdict databases. High-profile wins can be a strong indicator of courtroom strength.

Questions to Ask Before You Hire

  • How often do you go to trial each year?
  • What’s your experience with cases like mine?
  • Who will be handling my case day to day?
  • Have you practiced in this jurisdiction before?
  • What is your approach to early settlement?

These questions can quickly reveal whether you’re speaking to a seasoned trial lawyer or a generalist with limited litigation exposure.

Prepare Before You’re in the Crosshairs

Too many Florida businesses delay choosing litigation counsel until they’re served with a complaint. By then, critical time may already be lost. Vetting your trial lawyer now means:

  • Faster action when disputes arise
  • Better preparedness for contract negotiations
  • Stronger legal positioning from day one

The Conrad & Scherer Difference

At Conrad & Scherer, we don’t just litigate—we try cases. With decades of experience, our team has secured landmark jury verdicts and represents clients in complex disputes across South Florida, throughout the U.S., and internationally. From bet-the-company litigation to cross-border disputes, we bring trial-tested strategy to every case.