A civil law lawyer, also called a litigator or civil litigation lawyer, works with clients who want to start or defend a civil lawsuit.
You might hire this type of attorney if you need some help with things like personal injury claims or problems at work. They can also help you with family matters and business and finance problems. Also they can help with immigration, real estate deals, or disagreements between landlords and tenants. They manage the tough parts head-on.
A civil law attorney, or civil litigation attorney, may practice in many different fields of law, including: personal injury law, family law, immigration law, employment law, and other areas.
You can see a difference between civil lawyers and criminal lawyers once you look at how each area of law works. Civil law comes into play when someone’s actions end up hurting another person or group and the case goes through a lawsuit. If the court finds someone responsible, the result is usually that person having to pay some money or follow a court order, instead of serving time in jail.
Criminal law punishes people for breaking laws set by society. Civil law is about disagreements between people or organizations, while criminal cases are about actions that the government treats as crimes.
When Should You Hire a Civil Attorney?
People and businesses can end up in civil court for all sorts of different reasons, from disputes about contracts to problems with property or personal matters. Sometimes you might settle these problems through mediation or by representing yourself in the small claims court. The process can be unexpectedly burdensome.
You might still find that a lawsuit requires going to civil court. That may also be the case if you need to pay fines. When the stakes are higher or the case gets complex – that’s where hiring a civil attorney can help.
Consider product liability as an example. A civil attorney with experience in this area can stand up for businesses that get sued over things like defective products or vague warning labels. A lawyer can help you through that entire process if you’re someone who needs to bring this type of claim against a business.
Now let’s look at child custody situations. A civil attorney can work to protect your rights as a parent so you can stay in touch with your child. If there are claims of abuse in the home, a lawyer can also help make sure that the non-abusive parent gets full custody. No one should have to weather that storm without backup.
You’ll see the need for a civil attorney in business law as well. Say your business is buying some property or acquiring another company. You want an attorney who can talk with the landlord or another company’s lawyer. They can draft and review the final agreements. They’ll manage anything that pops up in court if things go sideways. If there’s a real chance of consequences or tough legal questions, you’ll want someone with expertise in civil law on your side.
What Can You Expect During the Civil Litigation Process?
A civil case involves multiple stages, which include consultations, pleadings, discovery, pre-trial, trial, settlements, and appeals.
First, you have a consultation where you meet with your lawyer to review your legal dispute. This will give you a chance to talk through what happened. Then, your lawyer can help figure out what claims you could bring and how strong your case looks.
With the pleading phase, your attorney files your complaint in court which explains the facts of what happened, what you’re asking for and the legal reasons behind your claim. The person or business you’re suing, called the defendant, gets served with that complaint. They have a set amount of time to respond by filing an answer that addresses your statements one by one.
In discovery, each side collects and shares evidence related to the case – this involves several processes. People give depositions where they answer questions under oath. There are written questions known as interrogatories. The parties also exchange requests for documents and requests for facts to be admitted as true. What comes out during discovery can shape how the case moves forward, how each side plans their strategy, and even how things might end up.
The pre-trial stage is the period right before a trial starts. At this point, lawyers for both sides might file motions to settle arguments or explain problems before going into the trial itself. People start talking about settling during this window, too.
It’s common for both sides to look into alternative dispute resolution, or ADR, which means they try to sort things out through mediation or arbitration instead of going to trial. These strategies bring in a neutral third party to help find an answer and the process saves time and money. If you go down this path, you should have your lawyer with you.
If the case isn’t resolved with a settlement or a successful motion, then you’ll head to trial. You and the other side present all your evidence and make your arguments. Then a judge or a jury weighs everything and decides who wins, based only on what’s been shown in court.
Settlements can come together at just about any point along the way. A settlement means that both sides agree on an answer without needing the trial to end in a court decision. Cases often end up this way instead of going all of the way through trial.
If you’re not happy with the result, you might have a chance to appeal – this asks a higher court to check if errors at trial made a real difference to the outcome. The appellate court then reviews what happened earlier and decides if things should stay the same or if a second look is needed.
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What Can You Expect From Your Civil Attorney?
When you’re working with a civil attorney, you can also expect them to help you through every part of your case, if you’re the one bringing the lawsuit or defending against it.
Right from the beginning, during the pretrial phase, your attorney helps you get together information and build your case through discovery. You’ll see them manage tasks like deposing important witnesses. It’s a bit much to manage at once. They’ll help you bring in expert witnesses if the situation calls for it. Your attorney will create a discovery plan for your case. They’ll serve questions or evidence requests to the other side and file paperwork directly with the court.
If the sides can’t come to an agreement and settle, your civil attorney is ready to take your case to trial. They’ll be the one filing motions when needed and speaking for you in court. They will help choose the jury and discuss new evidence when allowed. You’ll also see your lawyer directly question witnesses as the trial unfolds.
Afterward, your attorney is there to help you with things like drafting settlement agreements if things didn’t go your way. They can even help when you start a separate lawsuit if necessary. They can add another party to your case or work to collect what you’re owed as part of a civil remedy. You’ll want someone who stays sharp through it all.
You can also count on your civil attorney to follow professional and ethical laws while representing you. On that note – your lawyer uses their own judgment to look out for your best interests. If they work with you and it would put them in a conflict with another client they already represent, they have to turn down your case. They still can’t take any payment past their usual legal fees either. Accepting extra money from you or anyone else would cross the line.
Your attorney also needs to keep anything you tell them confidential. They aren’t allowed to share facts about your case with people outside your team. They shouldn’t show your private information for personal gain. They shouldn’t give out any facts you haven’t agreed to share.
You can expect your civil attorney to tell you about the different ways your case could be settled. They should give you their honest opinion about your odds of winning or losing. They also need to let you know up front how they plan to charge you for their work and then keep their billing in line with that agreement.
You always have the final say over big-picture options in your lawsuit – you get to choose who to sue. You can choose when to file and when you might want to settle. Still it makes sense to use your lawyer’s advice with legal moves and strategy along the way. If you ever know you don’t feel comfortable trusting your attorney, don’t hesitate to look for someone else.
How Much Does a Civil Attorney Cost?
The average fees in your area, the amount of work that your case might need and the attorney’s experience all play a part in shaping what you end up paying. You might see that the costs can also change depending on whether your attorney is part of a firm or works alone. At the bigger firms, someone like a paralegal may manage some parts of your case, so you could be paying for the work from a few people.
The way that an attorney charges matters too. Quick example, if a civil attorney works on a contingency fee they only get paid at the end and only if you win. In that situation, if you lose then you’ll cover the administrative costs. That’s a weight off your shoulders.
If your attorney charges hourly, the rates swing quite a bit – some lawyers might still charge around $100 an hour. But others in the bigger cities can increase as high as $1,000 an hour or even higher. The gap is substantial.
Where your attorney practices can also drive up or lower what they charge you. Some states put limits on attorney fees or cap the damages for injury legal problems, so the location makes the costs a bit more predictable.
Do You Need a Civil Attorney?
If you have a lawsuit, or if you’re bringing the claim or responding to one, then you should reach out to the local civil lawyers who have plenty of experience. It can seem a bit stressful. Advice from someone who knows the laws in your state makes things clearer and helps you stay away from any extra complications.
A skilled civil lawyer can give you some input through each step of the process and can even speak for you in court if you need it. An experienced civil lawyer can help you through every step of the process, and will represent you in court as needed.
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