Many lawyers practice in the civil and criminal trial litigation practice area, filing and defending suits. Without a skilled litigation attorney, it is very difficult to win a trial. In a criminal trial, most states provide legal counsel to defendants who cannot afford a attorney. In the civil litigation process most states do not provide counsel to parties who cannot afford lawyers. A litigation attorney may also devote some or all of his or her practice to appellate litigation. The appellate litigation attorney is skilled at writing and arguing motions and briefs before courts of appeals. While the litigation attorney is usually portrayed as brilliantly winning a case at trial, the vast majority of litigation matters are settled before ever getting to trial.

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