An Illinois civil litigation attorney is a licensed attorney in that state who represents clients in civil lawsuits. Civil litigation attorneys may be distinguished from other civil attorneys who deal with issues that are civil in nature but do not involve lawsuits. Examples of civil law services of this type would be negotiating an agreement for the sale of a business or drafting and reviewing a partnership operating agreement.
A civil litigation attorney, or “litigator,” represents clients who are parties to a lawsuit involving civil law in a civil court. Their clients hire them either to file and prosecute or to defend civil lawsuits. A civil litigation attorney usually practices in one of the following fields of law:
Civil litigation attorneys may also be distinguished from lawyers who work in the criminal justice system. Civil law is a branch of law that can be distinguished from criminal law. Criminal law is the law that relates to crime and punishment for criminal convictions. Civil law usually deals with reimbursing the person for the losses they have experienced due to a violation.
The lawyers in the state and federal criminal justice systems may be criminal prosecutors who work for the government agencies that prosecute the alleged perpetrators of criminal offenses. Then there are criminal defense attorneys who defend people charged with criminal offenses.
When Do I Need to Hire a Civil Litigation Attorney?
Definitely, when a person has been served with a complaint telling them that they have been named as a defendant in a civil action, they should consult a civil litigation attorney as soon as possible. A person does not have a long time to respond to a lawsuit, and they want to act quickly to get the process started.
Nowadays, a person may have some kind of insurance coverage, such as a homeowners’ insurance policy or a car insurance policy, that would pay for the loss that may result from a civil lawsuit. So, one thing a person would want to ask their attorney is whether one of their insurance policies would cover the loss and the cost of representation by an attorney.
In some cases, a person’s insurance company would pay a lawyer to represent the person covered by the policy. For example, if a person is sued for negligence in causing a car accident, their car insurance should pay an attorney to defend the person in the lawsuit.
What Should I Expect from My Civil Law Attorney?
When a person hires an attorney to represent them in a civil lawsuit, they can expect the attorney to handle all aspects of the case. This is true whether the attorney represents the plaintiff, the person who starts the lawsuit, or the defendant, the person who is sued.
If the attorney represents the plaintiff, the attorney’s first step is to draft a complaint, the legal document that states the causes of action of the plaintiff and the remedy they seek. The complaint must be filed with the clerk of the appropriate civil court. The attorney should know in which court to file the lawsuit. After filing, the plaintiff’s attorney arranges for a copy to be served on the defendant.
The defendant then must file their answer to the complaint, usually within 30 days. The filing of the complaint, the answer, and related actions are all part of the “pleading” stage of the lawsuit. These may differ from jurisdiction to jurisdiction, and may also vary depending on the nature of the legal issues involved.
When all of the pleadings have been filed, the pre-trial phase of a civil suit may start. An important part of the pre-trial phase of a civil lawsuit is the discovery process. The steps to discovery in most cases would include the following:
- Planning discovery and then executing the plan;
- Taking the depositions of witnesses;
- Identifying whether expert witnesses are needed;
- If expert witnesses are required, identifying the appropriate experts and preparing them to participate in the case;
- Making requests for discovery to the other party, e.g., the production of documents; and
- Enforcing the requests made if the other party does not respond as required.
During the pre-trial phase, each party evaluates the evidence that is discovered. They might explore the possibility of a settlement. If the parties cannot agree to settle, a civil attorney would prepare the case for trial and proceed to the trial of the case.
How Much Does a Civil Litigation Attorney Cost?
The total cost of a civil litigation attorney’s representation in a case is going to depend on several factors. One factor is how long the case lasts from beginning to end. If a case is resolved early in the process, the cost would be lower than it would be if the case proceeds to the end of a civil trial.
Generally, clients pay their civil litigation attorneys in one of three ways:
- Hourly fee: The client pays their attorney a certain amount per hour of their work. The attorney bills the client for the total number of hours they have worked every month;
- Contingency fee: Personal injury attorneys are usually paid a contingency fee, which is a percentage of the amount of money they win for their client. If they do not win an award, they are not paid;
- Flat fee: Attorneys sometimes accept a single lump sum, or flat fee, as payment for handling a case. This might be true if the case is a simple bankruptcy or an uncomplicated divorce.
The cost of civil suit lawyers might also be affected by the complexity of the case if the attorney is paid on an hourly basis. If a case is straightforward and uncomplicated, the attorneys would have to spend fewer hours on it, and the total fees would probably be lower than they might be if the case were to demand a lot more of an attorney’s time.
How the attorney charges the client, whether a flat fee, a contingency fee or an hourly fee clearly is going to have an impact on the total cost.
In some cases, the law may allow the victorious party to collect their attorney’s fees from the other party. A local Illinois attorney would be able to explain more. You should contact a lawyer if you have questions about your case or if you need to know what the projected costs might be. Each case is different, but an attorney can discuss what you need to know moving forward.
Do I Need the Help of a Civil Litigation Attorney?
If you have been served with a lawsuit or believe you have reason to sue another person or entity, you should consult a civil litigation attorney in Illinois as soon as possible. There may be filing deadlines that apply to your case, so make sure you take action soon so you don’t miss your chance to recover your losses.
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