A Connecticut civil litigation attorney is simply an attorney who practices civil laws in civil court. This is opposed to a criminal attorney who practices criminal law in criminal court. Civil law encompasses all of the laws that address the wrongful behaviors of one party that result in some injury or harm to another individual or other private party.
Specifically, these laws may be found in the General Statutes of Connecticut Title 52. Civil laws in Connecticut also address matters related to family issues, estate planning, guardianship, and other administrative matters. However, in general, most civil law cases in Connecticut are cases that are based on a tort action.
Although the exact definition of what is considered to be a tort varies by state, the legal term “tort” in Connecticut refers to a civil wrong in which a victim seeks a legal remedy for damages that they have incurred.
State laws in Connecticut impose a general duty to act with caution when it is possible to avoid injuring another or causing injury to another’s property. As such, the law requires all people in Connecticut to act reasonably when conducting their lives. Connecticut law grants the victims of tortious acts the legal right to civilly sue the person or party who harms them, which is known as a “cause of action.”
Examples of the common types of civil tort cases heard in Connecticut that pertain to civil laws include:
- Civil cases that involve the negligent actions of another person, such as motor vehicle accidents;
- Civil cases that involve the fraudulent actions of another person;
- Civil cases that involve harming property, such as property destruction matters;
- Civil cases that involve intentional physical torts such as civil battery or assault;
- Civil cases that involve intentional property torts such as conversion or other theft crimes;
- Civil cases that involve emotional torts, such as defamation, libel, slander, and/or an invasion of privacy.
In addition to the above civil cases, the other major types of civil cases that make up a significant portion of Connecticut’s civil court’s caseload are cases that are based on family law.
Examples of family law matters heard by Connecticut civil courts include family issues surrounding:
- Child visitation and child custody matters;
- Spousal maintenance or alimony matters;
- Child support matters;
- Matters concerning the loss of parental rights;
- Family estate planning matters;
- Paternity and adoption matters;
- Child abuse or child neglect matters.
When to Hire a Civil Litigation Attorney?
It is generally advised to consult with an attorney as soon as possible. This is because consulting with an attorney early on in your case can result in fewer legal issues arising at a later point in the case. This means time and money saved in the long run.
A local Connecticut lawyer will be most familiar with Connecticut’s civil laws and statutes, as well as the entire civil procedure process involved in suing a party for damages. As such, they will be able to advise you of the best course of legal action and answer any questions you may have regarding the issues in your particular case.
Further, if your civil matter is a family matter, an attorney will be familiar with the laws and civil processes involved in pursuing such cases. It is important to note that if your case involves a child, it is especially recommended to work with an attorney in order to ensure your parental rights are protected.
What to Expect from Your Civil Law Attorney?
As far as what you can expect from your civil law attorney, you should expect your attorney to be able to represent you throughout all phases of your civil case. This includes all of the following phases of a lawsuit:
- Pre-lawsuit Phase: During this phase, your attorney will meet with you to gather an understanding of your case and answer any questions you may have.
- Your attorney will also attempt to resolve your case without the necessity of filing a lawsuit, such as by sending a demand letter or negotiating with opposing parties;
- If your attorney is unable to resolve your case without a lawsuit, they will then draft the necessary lawsuit and properly serve it on the defendant;
- Pre-trial Phase: After your lawsuit has been filed and served, your attorney will then conduct discovery, which is the formal process by which each party serves requests upon the other party or parties involved in the lawsuit to gather information to support their civil claims.
- Your attorney will also be able to represent you at this time during any in-person proceedings prior to a final trial, such as handling pre-trial motions or temporary hearings;
- Trial Phase: If your case is not settled prior to your trial date, your lawyer will be able to represent you in court in front of the judge or jury by arguing and presenting your legal claims, including introducing and presenting evidence;
- Post-trial Phase: After your case has been concluded, an attorney may still be needed to help you collect damages, disburse funds, or file an appeal.
In addition to the above, the main thing that you should always expect of a civil litigation attorney is that they will keep you well informed of your case. This means that you should always expect your civil attorney to inform you of all of your settlement options and possible case resolutions, send regular billing statements, and, most importantly, keep you up to date on the current status of your case. In fact, attorneys are obligated to keep their clients informed of their cases.
How Much Does a Civil Attorney Cost?
As far as the total cost of a civil attorney, the cost of civil suit lawyers will vary widely based on the particulars of your case and a number of other factors, including but not limited to:
- The area of law that the attorney practices in;
- The areas of law that the plaintiff’s individual claim encompasses, as some areas may require additional expertise or qualifications, such as patent law;
- The attorney’s level of experience, such as whether or not they are bar-certified;
- The attorney’s reputation in the industry;
- The difficulty of the case presented to the attorney;
- The location in which the attorney practices, as different cities have different cost averages
- For instance, attorneys that practice in Bridgeport, Stamford, or New Haven may have different rates from smaller cities;
- The total amount of time that is spent either pursuing or defending the civil lawsuit.
The most important factor in calculating the total cost of a civil attorney is the amount of time that it will take to finish the case. This is because in civil lawsuits, almost every contract that is executed between a client and an attorney is an hourly fee agreement.
In an hourly fee agreement, an attorney agrees to take a client’s case based on an agreement that the client will pay the attorney an hourly rate for work performed on their case. Most often, an attorney requires a retainer to be paid before they ever begin work on the case.
A retainer is an initial payment or deposit that is made by a client to secure the services of the attorney. The attorney will then bill against that retainer as they complete work on the case. It is then the duty of the client to make sure the retainer is refreshed as work is performed.
For example, an attorney may require an upfront retainer of $3,500. The attorney will then work the case, such as filing discovery to gather evidence, drafting motions, drafting pleadings, taking depositions of key witnesses, and representing their client in court for pre-trial motions or other in person court matters.
If the attorney’s hourly fee is $350 per hour, then the retainer would be depleted after 10 hours of work on the case. As such, the client would need to replenish the retainer before the retainer has been fully depleted so the attorney can continue working on their case. As such, time plays a significant factor in the total cost of a case.
In addition to hourly fee agreements, attorneys may also utilize fee contracts, such as flat fee agreements or contingency fee agreements. Flat fee agreements are one-time payments made by a client to secure an attorney’s services for a specified act. Flat fee contracts are often used for simple matters with no opposing parties, such as drafting a will or trust.
A contingency fee agreement is a fee agreement where an attorney takes on the costs of a case in exchange for taking a percentage of the total recovery made in the case, if a recovery is made. Contingency fee arrangements are often used in personal injury cases.
Do You Need a Civil Attorney?
There are many different civil laws and case laws in Connecticut that you need to be familiar with when pursuing a civil lawsuit. As such, if you are involved in a civil lawsuit in Connecticut or are seeking to file a lawsuit as a result of a legal issue, then it is in your best interests to consult with an experienced civil litigation attorney in Connecticut.
An experienced civil litigation attorney will be able to help you determine the laws that apply to your specific legal issues, as well as help you determine your best course of legal action. An attorney can also answer any questions that you may have regarding your specific issues during a consultation. LegalMatch can assist you in locating an attorney and setting up an initial consultation with them.
Because an experienced attorney will be knowledgeable about Connecticut’s civil laws and civil procedure, they will be able to represent you throughout the entire legal process. Having an attorney early can also prevent issues from arising later on in a lawsuit. Finally, an attorney will also be able to represent your interests in court, as needed.
