A Minnesota civil litigation attorney is an attorney who practices state and federal civil laws in civil court. Civil law is the set of laws that address the behaviors of one party that cause some injury or harm to another individual or other private party. Civil laws also address matters related to family issues, estate planning, guardianship, and other administrative matters.
In general, most civil law cases in Minnesota are tort cases. Although the exact definition of what is considered to be a tort varies by state, the legal term “tort” in Minnesota refers to cases involving claims related to wrongful acts that cause harm to another person or their property.
Tort cases can be based on negligence, intentional wrongdoing, or strict liability. Importantly, if a tort is committed, Minnesota law grants the victim of the tortious act the legal right to civilly sue the person who allegedly harmed them. This right to sue is known as a “cause of action.”
Examples of the most common types of cases heard in Minnesota civil courts that pertain to civil laws include:
- Cases involving the negligent actions of another person, such as motor vehicle accidents;
- Cases involving the fraudulent actions of another person;
- Cases involving harming property, such as property destruction matters;
- Cases involving intentional physical torts such as civil battery or assault;
- Cases involving intentional property torts such as conversion or other theft crimes;
- Cases involving emotional torts, such as defamation, libel, slander, and/or an invasion of privacy.
As mentioned above, in addition to the above tort cases, the other major type of cases that makeup a significant portion of Minnesota’s civil court’s caseload are cases regarding family law and administrative law matters.
Examples of family law and administrative matters heard by Minnesota civil courts include issues surrounding:
- Visitation and custody of children;
- Advisory matters;
- Spousal maintenance or alimony;
- Child support;
- The loss of parental rights;
- Paternity and adoption;
- Child abuse and child neglect matters.
When to Hire a Civil Litigation Attorney?
In general, it is advised to consult with an attorney as early as possible if you are having a legal issue that you believe may require a lawsuit. This is because consulting an attorney early on in your case can result in fewer legal issues arising at a later point in the case. Then, if there are fewer issues, your case may be resolved more favorably for you and likely at less cost.
A local Minnesota lawyer will be most familiar with Minnesota’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 in order to give you the best opportunity to resolve your legal issues favorably.
An attorney will 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?
As far as what you can expect from your civil law attorney, you should expect your attorney 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.
In general, an attorney will represent you throughout all phases of your lawsuit, including:
- Pre-lawsuit Phase: During this phase, your attorney will meet with you and get an understanding of your legal issues.
- Your attorney will also 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 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 motions;
- Trial Phase: If your case is not settled prior to trial, then a 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 the 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 all of the above, 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, possible case resolutions, and, most importantly, 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 the 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 Minneapolis and St. Paul 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 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 contract, an attorney agrees to take a case based on the client paying the attorney an hourly rate for work as they complete work on the case. Often an attorney requires a retainer to be paid before they 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 attorney will then bill against that retainer as they complete work. Then, the client must make sure the retainer is refreshed as work is performed.
For example, an attorney may require an upfront retainer of $3,000. The attorney will then work the case, such as filing discovery to gather evidence, drafting motions and 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 $300 per hour, then the retainer would be depleted after 10 hours of work on the case. As such, the client would have to replenish the retainer before the retainer has been depleted so the attorney can continue working on their 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?
As can be seen, there is a wide range of legal issues covered by civil laws. As such, if you are involved in a civil lawsuit in Minnesota 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 Minnesota.
A 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 particular legal issues. LegalMatch can assist you in locating an attorney and setting up a consultation with them.
An experienced attorney will be knowledgeable about Minnesota’s civil laws and civil procedure. This means that the attorney will be able to represent you throughout the entire legal process, from pre-lawsuit to post-lawsuit. Finally, an attorney will also be able to represent your interests in court, as needed.
