A Kansas civil litigation attorney is an attorney who practices non-criminal civil laws in a state or federal civil court. Civil law is the set of laws that address the wrongful behaviors of one party that result in some injury or harm to another individual or other private party. Civil laws also address other legal issues, such as family issues, estate planning, guardianship, contract disputes, and property disputes, amongst other civil disputes.
Most civil law cases that are heard in Kansas are tort cases. Specifically, the Kansas Tort Claims Act, which was codified by the Kansas State Legislature at K.S.A. 75-6101 et seq, provides individuals the civil right to pursue an action against the state government for wrongful acts.
In addition to the government, Kansas allows individuals to also bring civil lawsuits against other individuals or private parties that harmed them. Although the exact definition of what is considered to be a tort varies by state, the legal term “tort” in Kansas refers to any claims related to wrongful acts that cause harm to another person or their property. Tort cases are based on civil laws involving acts of negligence, intentional wrongdoing, or strict liability, to name a few.
As mentioned above, in addition to the above tort cases, the other major types of cases that make up a significant portion of Kansas’s civil court’s caseload are cases regarding family law matters. Examples of family law matters heard by Kansas civil courts include issues surrounding:
- Visitation and custody of children;
- Advisory matters;
- Spousal maintenance or alimony;
- Child support;
- Guardianship of a minor;
- The loss of parental rights;
- Paternity and adoption;
- Child abuse and child neglect matters.
When to Hire a Civil Litigation Attorney?
Generally speaking, it is advised to consult with an attorney as early as possible if you are having a legal issue that you believe may require the filing of a civil lawsuit. Consulting with an attorney early on in your case can result in fewer legal issues arising at a later point in the case. In turn, this could save you stress, time, and money.
A local Kansas lawyer will be most familiar with Kansas’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 give you the best chance at a successful outcome in your case.
An attorney will also be able to assist you in identifying the party responsible for your damages and help you hold them responsible for their tortious actions. Further, if your civil matter is a family matter, an attorney will be familiar with the laws and civil process involved in pursuing those matters as well.
What to Expect from Your Civil Law Attorney?
When it comes to what you can expect from your civil law attorney, you should expect your attorney to be able to handle all of the major aspects of your civil case. The exact major aspects of your civil lawsuit will depend on the type of lawsuit that you are involved in and the facts of your case.
In general, an attorney will be able to represent you throughout all of the following civil lawsuit phases:
- Pre-lawsuit Phase: During this phase, your attorney will meet with you to get an understanding of your legal issues and the facts of your case.
- Should you hire the attorney, your attorney will then likely attempt to resolve your case without the necessity of filing a lawsuit, such as by sending a demand letter;
- If your attorney is unable to resolve your case without filing a lawsuit, they will then draft the necessary lawsuit and properly serve it on the defendant;
- Pre-trial Phase: After a lawsuit has been filed, your attorney will then conduct discovery, which is the formal process by which one party will serve 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 any in-person proceedings prior to a final trial, such as handling pre-trial hearings;
- Trial Phase: If your case is not settled prior to trial, your civil litigation lawyer will be able to represent you in court in front of the judge or jury by arguing your legal claims, questioning witnesses, and formally introducing the evidence gathered in the previous stage of your lawsuit;
- Post-trial Phase: After your case has been concluded, you may still wish to keep the attorney in order to help you collect damages, disburse funds, or file an appeal if needed.
In addition to the above lawsuit phases, the main thing that you should expect of a civil 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 and provide you with timely billing statements. Importantly, your attorney is obligated to keep their clients informed of their case.
How Much Does a Civil Attorney Cost?
As far as the total cost of a civil attorney, the cost of civil suit lawyers varies based on the particulars of your case and a number of other factors, including:
- The area of law that the attorney practices;
- The areas of law that the plaintiff’s individual claim encompasses;
- 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;
- The location in which the attorney practices, as different cities have different cost averages
- For instance, attorneys that practice in Wichita, Overland Park, and Kansas City may have different rates from smaller cities;
- The total amount of time that is spent either pursuing or defending the lawsuit.
In general, the most important factor in calculating the total cost of a civil attorney is the amount of time that it will take the attorney to finish the case. This is because in civil lawsuits, almost every contract that is executed between clients and an attorney are hourly fee agreements.
In an hourly fee agreement, an attorney agrees to take a case based on the client paying the attorney an hourly rate for their work. Often, an attorney requires a retainer to be paid before they even begin work on the case.
A retainer is an initial payment or deposit that is made by the client to secure the services of the attorney. The amount of the retainer will vary by case. The attorney will then bill against that retainer as they complete the work.
For example, an attorney may require an upfront retainer of $2,000. The attorney will then work the case, such as filing discovery to gather evidence, drafting motions and pleadings, attending hearings, and taking depositions of key witnesses.
If the attorney’s hourly fee is $200 per hour, then the retainer would be depleted after 10 hours of work on the case. As such, you would need to replenish the retainer before the retainer has been depleted so the attorney can continue working on your case. This means that the most important factor in determining the total cost of a civil attorney is the amount of time needed to finish the case.
Do You Need a Civil Attorney?
There is a wide range of legal issues that are covered under the umbrella of civil laws. As such, if you are involved in a civil lawsuit in Kansas or are seeking to file a lawsuit as a result of a legal issue that you are facing, then it is in your best interests to consult with an experienced civil litigation attorney in Kansas as soon as possible.
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 will also be able to answer any questions that you may have regarding your particular legal issues. LegalMatch can provide assistance for you in locating an attorney and setting up a consultation with them.
An experienced attorney will be knowledgeable about Kansas’s civil laws and civil procedure. This means that the attorney will be able to represent you throughout the entire case, from the consultation to even after the final hearing.
