Civil Litigation Attorney in Montana

In the state of Montana, a civil litigation attorney is simply an attorney who practices non-criminal state and federal civil laws in civil court. Civil laws are 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.

In Montana, civil law deals with conflicts between individuals or private parties. Unlike criminal acts that affect society as a whole and may result in imprisonment, civil law focuses on resolving disputes between parties. Generally speaking, most civil law cases that are heard in Montana are tort cases.

Montana tort law establishes financial liability for injurious conduct or actions by allowing individuals who have suffered damages or losses due to intentional or unintentional actions by others to seek financial restoration, reimbursement, or compensation for their damages.

Tort cases may be based on negligence, intentional wrongdoing, or strict liability, to name a few. It is important to note that if a tort is committed in Montana, state law grants the victim of the tortious act the legal right to civilly sue the person who allegedly harmed them.

Examples of the most common types of tort cases heard in Montana civil courts that pertain to civil laws include:

• Cases that involve the negligent actions of another person, such as motor vehicle accidents;
• Cases that involve the fraudulent actions of another person;
• Cases that involve harming property, such as intentional or negligent property destruction matters;
• Cases that involve intentional physical torts such as civil battery or assault;
• Cases that involve intentional property torts such as conversion or other theft crimes;
• Cases that involve emotional torts, such as defamation, libel, slander, and/or an invasion of privacy.

In addition to the above tort cases, the other major type of cases that makeup a significant portion of cases that are heard in Montana’s civil court system are family law cases.

Family law cases deal with issues such as visitation and child custody, child support, paternity, and adoption. Other than family law, civil laws also cover other matters, such as estate planning, guardianship, and probate, to name a few.

When to Hire a Civil Litigation Attorney?

Generally speaking, it is advised to consult with an attorney as early as possible if you are involved in a lawsuit or are having a legal issue that you believe may require a civil lawsuit being filed.

Consulting an attorney early on in your case can result in fewer legal issues arising at a later point in the case. A local Montana lawyer will be most familiar with Montana’s civil laws and statutes, as well as the entire civil procedure process involved in suing a party for damages. As such, they can ensure you meet all applicable deadlines and assist you in navigating your case.

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 help you handle your lawsuit throughout every phase of the case. In general, an attorney will be able to assist you throughout all of the following phases:

• Pre-lawsuit Phase: During this phase, your attorney will meet with you to gather an understanding of the legal issues you are facing and the facts of your case.
  • 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 a resolution with the opposing party;
  • 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 may then conduct discovery, which is the formal process by which one 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 any in-person proceedings prior to the trial phase, such as filing pre-trial motions or representing you at pre-trial hearings;
• 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 presenting your case, questioning witnesses, and formally introducing the evidence gathered in the previous stage of the lawsuit;
• Post-trial Phase: After your case has been concluded, an attorney may still be needed in order to help you collect damages, collect attorney fees, disburse funds, or file an appeal if needed.

In addition to 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, provide you with regular billing statements, and, most importantly, provide regular communications regarding the current status of your case.

How Much Does a Civil Attorney Cost?

As far as the total cost of a civil attorney, the cost of civil suit lawyers will be dependent on the specifics of your case. Other factors that may impact the total cost of your civil attorney include:

• 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;
• Other fees in the case, such as filing fees, process server fees, certified document fees, mailing fees, expert witness fees, etc.;
• The location in which the attorney practices, as different cities have different cost averages
  • For instance, attorneys who practice in Billings may have different rates from those of 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 is an hourly fee contract.

In an hourly fee contract, an attorney agrees to take a case based on the client paying the attorney an hourly rate for their work. An attorney will commonly require that a retainer be paid before they ever begin work on the case.

A retainer is an initial payment or deposit that is made to secure the services of the attorney. The attorney will then bill against that retainer as they complete work on 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.

Do You Need a Civil Attorney?

In order to be successful in a civil lawsuit, you must have a thorough understanding of a wide range of state laws and case laws and be able to practically navigate the civil procedure laws in your area and local court.

As such, if you are involved in a civil lawsuit in Montana or are seeking to file a lawsuit as a result of legal issues that you are facing, then it is in your best interests to consult with an experienced civil litigation attorney in Montana.

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 case. LegalMatch can assist you in locating a civil litigation attorney in your area and setting up a consultation with them.

An experienced attorney will be knowledgeable about Montana’s civil laws and civil procedure. This means that your 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.