A civil law lawyer in Arizona, similar to other states, is commonly referred to as a litigator. A civil lawyer who is hired by their client to file a civil lawsuit or defend them in a civil lawsuit. A civil lawyer can practice in one or many of the following areas of law:
- Personal injury law
- Employment law
- Immigration law
- Landlord and tenant law
- Business and finance law
- Family law
- Real estate law
To better understand what a civil lawyer does, it may be helpful to understand the differences between civil law and criminal law to understand what a civil attorney does. Civil laws govern conduct that causes an individual some sort of injury.
Civil law issues are handled through lawsuits that are filed against individuals or parties. The individual or party that the lawsuit is filed against, or the defendant, may be found to be liable for injurious conduct. In that case, the consequences may include a monetary award or injunction.
In contrast to civil laws, criminal laws are used to punish individuals found guilty of committing a criminal offense. Criminal laws govern behaviors, or crimes, that break the rules which were created by society.
On the other hand, civil laws usually involve a dispute between an individual or an organization. If an individual has any concerns or questions involving one of the areas of law listed above or any other civil law question, they can consult with a local Arizona lawyer.
When to Hire a Civil Litigation Attorney?
There are many different reasons why a business or an individual may desire to sue another party or may be sued for a civil law issue. In certain cases, a civil law dispute may be resolved using alternative dispute resolution (ADR), such as mediation, or may be settled in a small claims court.
If the case is not settled using one of those methods, it will be heard and decided by a civil court. This will apply especially in a case where an issue may lead to serious legal consequences, such as involving a substantial amount of monetary damages or a requirement to pay civil fines.
In these types of cases, it is important to hire a civil attorney. One example of these types of cases is a product liability lawsuit, as they typically involve complex legal issues and can result in a large damages award.
Another example is a case that involves child custody issues or child or domestic abuse. A civil attorney can protect the rights of parents and help a non-abusive parent obtain full custody rights.
In a business law case, a civil attorney can help the parties who are involved with real estate transactions. A civil lawyer can negotiate with a landlord or opposing counsel on behalf of their client.
Additionally, attorneys can draft and review final agreements, as well as represent clients in court if disputes arise during the negotiation process. In any type of civil law case that can result in significant damages being awarded or severe consequences being imposed or involves complex legal issues, it is important to hire a civil litigation lawyer for representation.
What to Expect from Your Civil Law Attorney?
When an individual or a business is working with a civil attorney, their attorney will handle all of the major aspects of the lawsuit with which they are involved, whether they are the plaintiff or the defendant. The attorney will handle the pretrial stages of the lawsuit, including the discovery process, which includes:
- Deposing essential witnesses;
- Creating a discovery plan;
- Serving discovery requests to the opposing party;
- Hiring expert witnesses as needed; and
- Filing documents with the court.
If a settlement is not reached, a civil attorney will also handle the trial process, which includes:
- Filing motions during the trial;
- Participating in jury selection;
- Arguing on behalf of a client during a court session or hearing;
- Submitting new evidence under certain circumstances; and
- Questioning witnesses who are providing testimony in court.
Examples of other things that civil attorneys handle include:
- Assistance in drafting settlement agreements;
- Filing a separate lawsuit or joining another party to the existing lawsuit;
- Recovering various civil legal remedies;
- Filing appeals once the trial has concluded.
Civil lawyers have to adhere to specific professional, ethical, and legal standards, which include exercising professional judgment on behalf of their clients. Civil lawyers have a duty to maintain the confidentiality of their clients, which means they cannot:
- Disclose a client’s information or secrets for personal gain;
- Disclose case information to outside parties;
- Reveal specific details when a client did not give consent.
An individual’s lawyer will inform them of any available settlement options as well as possible resolutions. An attorney can also provide an honest analysis of the individual’s chances of winning a lawsuit.
In addition, a civil attorney should provide a client with information regarding their fee structures for billing and then bill the client according to that fee structure. It is essential for a client to understand that they are the ones who have ultimate control over their lawsuit.
How Much Does a Civil Attorney Cost?
The cost of civil suit lawyers can change depending on many factors, including:
- How much work a specific case is likely to take;
- The average fees for the attorney’s location;
- The experience and reputation of the attorney handling the case.
One additional factor that can influence the cost of a civil lawyer is whether or not they are in a law firm or have a solo practice. If the lawyer works in a firm, there are other professionals who can handle certain aspects of the case, such as a paralegal.
The fee structure a civil lawyer uses will also influence the cost of their services. For example, if the lawyer uses a contingency fee structure, they will not be paid unless they win the case.
With this fee structure, the client will only be responsible for paying the required administrative costs if they do not win their case. If, however, a civil lawyer bills at an hourly rate, the client will be required to pay on an ongoing basis.
This applies throughout the case, regardless of the outcome. An hourly fee cost may vary anywhere from $100 to $1,000 an hour, and, in some cases, may be higher in larger cities.
The location of the case or the location of the lawyer’s practice can also influence the cost of the lawyer. In some states, for example, the amount of attorneys’ fees that a lawyer is allowed to recover is capped.
Do You Need a Civil Attorney?
If you have a civil dispute, either as a plaintiff or defendant, in the State of Arizona, it is essential to consult with a civil litigation attorney in Arizona. An Arizona lawyer will know about the laws of the state as well as the laws that govern your specific civil issue.
Your civil attorney can guide you through each aspect of the legal process as well as represent you during negotiations and court appearances. Having a lawyer represent you during negotiations is important to ensure you receive a fair settlement.
Having an attorney handle your civil case in Arizona will also provide you with the best chance for a favorable outcome.
