In Nebraska, as well as in other states, a civil law attorney is commonly called a litigator. This type of lawyer is hired by clients to file civil lawsuits or defend them in civil lawsuits.
A civil lawyer can practice in one or several areas of law, including:
- Personal injury law
- Landlord and tenant law
- Family law
- Business and finance law
- Employment law
- Immigration law
- Real estate law
To understand what a civil litigation lawyer does, it may be helpful to have an understanding of the differences between civil laws and criminal laws. Civil laws are laws that address conduct that causes some type of injury, either to an individual or to another party, using a lawsuit that is filed in civil court.
If the party to the lawsuit is found to be liable for the injurious conduct, the consequences will usually include a monetary award or an injunction. Criminal law, in contrast, is a body of law that is used to punish individuals who are found guilty of committing a criminal offense.
On the other hand, civil laws usually address disputes between individuals or organizations. If an individual has any issues, questions, or concerns related to civil laws in Nebraska, they should consult with a local Nebraska lawyer.
When to Hire a Civil Litigation Attorney?
An individual or organization may have many reasons why they want to sue another party or why they are being sued for a civil law issue. In certain cases, a civil dispute can be resolved by mediation or arbitration or settled in a local small claims court.
If a civil case is not settled, it will be heard and decided on by a civil court. In cases that involve issues that may lead to serious legal consequences, such as substantial monetary fines or a requirement to pay civil fines, it is important to hire a civil attorney.
An example of this would be a product liability lawsuit, as these cases usually involve complex legal issues and can result in large damages awards. Civil lawyers with experience in product liability issues can defend a company if they are sued for a defective product or an improper warning label.
Cases that involve child custody issues are another example, as a lawyer can protect the rights of a parent over their child as well as ensure that the parent is not completely blocked from seeing their child. If a case involves child or domestic abuse, a civil lawyer can help the non-abusive parent gain full custody rights over their child.
A civil lawyer can also help draft and review a final agreement, as well as represent their client in court if any disputes arise during the negotiation process. If a civil law case can result in significant damages or have a drastic impact on an individual’s life, it is essential to hire a civil lawyer for representation.
What to Expect from Your Civil Law Attorney?
When a client is working with a civil attorney, their attorney will handle all of the major aspects of their lawsuit, whether they are the plaintiff or the defendant. A client can expect their civil law attorney to handle everything, including the pretrial stages of the case, the discovery process, and the resolution of the claim.
If the parties to the case cannot reach a settlement outside of the courtroom, or if they refuse to try, a civil lawyer will handle the trial process, which includes;
- Arguing on behalf of a client during a court session or hearing;
- Filing motions during the trial;
- Questioning witnesses who are providing in-court testimony;
- Participating in jury selection; and
- Submitting evidence.
Other examples of what a client can expect from their civil lawyer are the following:
- Filing a separate lawsuit;
- Joining another party to an existing lawsuit, if necessary;
- Assistance in drafting settlement agreements;
- Recovering various civil legal remedies;
- Filing appeals once the trial has concluded.
Civil lawyers have to follow certain legal, professional, and ethical standards, which include exercising professional judgment on behalf of their clients. This means that a civil lawyer cannot represent a client if there is a conflict of interest with another existing client.
Civil lawyers also have a duty to maintain the confidentiality of their clients, which means that they are not permitted to:
- Reveal specific details when a client did not provide consent;
- Disclose case information to outside parties;
- Disclose a client’s information or secrets for personal gain.
A client can expect that their attorney will inform them of any available settlement options and offers as well as any possible resolutions. Lawyers can also honestly analyze the client’s chances of winning their lawsuit.
In addition, a civil attorney should give their client information regarding their fee structure for billing purposes and bill the client according to that structure. A client should be aware that they ultimately have control over what parties to sue, when to sue them, and when to settle their case.
It is important for a client to defer to their attorney’s judgment related to legal decisions as well as follow legal advice about the overall strategy of the lawsuit.
How Much Does a Civil Attorney Cost?
The cost of civil suit lawyers will be different based on the specific case and factors, which include, but are not limited to:
- The average lawyer fees for the location;
- How much work the case is expected to take;
- The experience and reputation of the civil lawyer who is handling the case.
Another factor that may influence the cost of civil lawyers is whether they are solo practitioners or practice in a law firm. If they practice in a law firm, other professionals, such as paralegals, may handle certain aspects of the case.
Another important factor influencing the cost of a civil lawyer is their fee structure. For example, if they use a contingency fee structure, they are not paid unless they win their case.
Clients are responsible for certain administrative costs if they lose their case, but they will not be responsible for covering any other costs. In contrast, if the lawyer bills using an hourly rate, they will be paid on an ongoing basis throughout the case, regardless of the outcome.
A lawyer’s hourly rate can vary greatly, as it can be anywhere from $100 to $1,000 an hour and, under certain circumstances, even higher in larger cities. The cost of a lawyer may also be influenced by the jurisdiction where their practice is located.
In some states, for example, damages in personal injury lawsuits are capped. In some states, the attorney’s fees that a lawyer is allowed to recover may also be capped.
Do You Need a Civil Attorney?
If you have any type of issue, question, or concern, either as a plaintiff or as a defendant in the State of Nebraska, it is essential to consult with a civil litigation attorney in Nebraska. An attorney in Nebraska will have specific knowledge of the laws in the state as well as the laws that govern your specific civil issue.
Your civil attorney will help guide you through each aspect of the legal process, as well as represent you during court appearances and negotiations. Having a Nebraska attorney handle your civil case gives you the best possible chance of reaching the outcome you desire.
