Civil law is a compilation of a comprehensive system of rules and principles in codes. It creates a framework for resolving a legal issue and determining the appropriate civil legal approach. Civil law originates in Roman law, and it is reflected in the structure of the codes, according to Paul M. Hebert Law Center, Louisiana State University.
It is considered an adaptable system, with civil codes consisting of general clauses that allow adaptation to change.
Furthermore, it can be viewed as a legislative system because flexibility is available to adjust to social change and new needs. It also refers to the civil procedure system that must be followed for civil litigation disputes. There are rules regarding the time frames for filing certain motions and what to include in the legal documents.
What Occurs in Civil Court?
Certain cases can be heard in civil courts. A petitioner will file a case against a respondent claiming the issues between them are civil issues. A business or agency can also file a case in civil court or be sued in civil court. The most important distinction of a civil court is that the penalty is not jail, it is usually some monetary payment or return of property. The civil court handles the following types of cases:
- Property disputes;
- Housing issues such as eviction or foreclosure;
- Money and debts;
- An injury such as from a car accident and;
- Family law disputes include divorce, child custody, child support, or guardianship.
Furthermore, the administrative or government agencies can have hearings to review the following civil cases:
- Food Stamps and Medicaid;
- Traffic violations;
- Unemployment hearings;
- Social Security hearings and;
- Civil rights violations;
What Happens if I Cannot Afford a Lawyer?
There are resources available for any individual who cannot afford an attorney on their own. You can browse through LegalMatch.com and find more information on local legal aid offices in your area that can assist you in obtaining free legal representation.
There are other options available through local state websites that can assist in obtaining free legal forms and completing them on your own. However, if you are facing issues with this you can reach out to a local lawyer in your area to guide you.
Additionally, there are bar associations that can assist you based on pro bono work. They will have options available for people struggling to afford a lawyer.
You can browse through the local state bar association websites to determine what resources are available for you.
Even law schools have free clinics available for anyone who cannot afford a lawyer. The bottom line is that there are multiple avenues available for anyone who cannot afford to pay for a lawyer. There are volunteer attorneys that can help you with your legal issues and point you in the right direction.
Even if you are unable to afford a civil attorney, there are multiple options available for you as stated above. You can further browse through LegalMatch.com to discover what is available in your area and how you can access those resources.
What Are the Duties of a Civil Lawyer?
Several crucial duties must be fulfilled by a civil attorney. An attorney in general has an ethical obligation or duty to represent their client’s interests. There are a few exceptions to that regarding any sort of fraud or criminal behavior. Lawyers advise and represent clients on legal proceedings or transactions. The following is a brief description of the duties that are required of a civil attorney:
- Consult and represent clients in civil proceedings and other legal matters related to the civil case;
- Have a clear mode of communication with the clients, colleagues, judges, and others who are part of the case;
- Conduct research and analysis of any legal issues that may arise;
- Determine which laws apply to the case and interpret the applicable state and federal laws;
- Review and present the facts and findings relevant to a case on behalf of their clients and;
- Draft and develop legal documents, such as lawsuits, contracts, and wills.
As legal advocates, they must present evidence and argue in support of their client for settlements outside of court as well. These may include plea bargaining or arbitration. They need to accompany their client in court appearances, such as in hearings and trials. The attorney’s job is to advise the clients regarding their legal rights, obligations, and options and suggest other legal viable avenues.
Remember that not all lawyers have experience in all areas of law. Meaning, one litigator may be more versed in wills rather than personal injury cases. Depending on your needs, you can seek out a legal professional that best suits your scenario.
Civil litigation lawyers work with individuals, businesses, and government organizations. A civil lawyer can assist a client in initiating a lawsuit and starting their process for court action. The lawyer has the responsibility of representing you in court during all the stages of litigation. They are obligated to advise on the best next steps for the case and how to be successful in court.
Additionally, litigators are versed in the legal terminology and procedures that are attached to every lawsuit. Having this information can be useful for your success with the case.
What Is the Civil Litigation Process Like?
The civil litigation process is complex and requires extensive attention. Being aware of how civil litigation operates can help every case. Here’s what the civil litigation process will be about.
First, there is an initial meeting with the client and the lawyer to determine the best course of action for the case. If the lawyer decides that it will be successful in court and it is a viable case then a petition will be filed in court. Then legal documents are drafted ready to be sent to the other party regarding the subject of the lawsuit.
Once that is filed, the petition and summons will be brought to the person or entity they are filing a case against. Then the respondent has an allocated amount of time to reply to the legal matter.
Once the defendant answers the summons, their lawyer can decide to go to the discovery phase. This is the stage when all information and evidence about the claim is collected and each side builds a case against the other.
Then it will be decided whether the case will go to court or settle beforehand. The parties will either agree or argue the case before a judge and jury, who will then determine the outcome of the case.
How Much Does a Civil Lawyer Cost?
Depending on where you live and what you need the costs of a lawyer can change. As mentioned earlier, there are ways to obtain an attorney if you cannot afford one in your financial situation.
The lawyer can charge based on their experience level, location, and the amount of work needed for the particular case.
When Do I Need to Contact a Lawyer?
If you seek help for a civil case, you have several options. Handling the case on your own may be challenging, depending on what your case is. The process of managing the case from beginning to end can be lengthy, and it can become more time-consuming without a lawyer. Civil lawyers are available in every state and can be found through LegalMatch.com. You can contact a local attorney in your area if you need their services.
