A New Hampshire civil litigation attorney is simply an attorney who practices non-criminal state and federal civil laws in civil court. Civil law is the set of laws that provide remedies for an individual or private party that was harmed or injured as a result of another party’s actions. Civil laws also address other matters, such as family issues, estate planning, guardianship, contract disputes, or other civil disputes.
In general, most civil law cases in New Hampshire are based on a tort. Although the exact definition of what is considered to be a tort varies by state, the legal term “tort” in New Hampshire refers to cases involving an individual who suffers an injury because of the failed responsibility on the part of the liable party. Liable parties may be either private or public entities.
Tort cases are most often based on the legal theory of negligence. If a tort is committed, New Hampshire 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 New Hampshire civil courts pertain to federal and state 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 defective products;
- 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.
In addition to the above tort cases, the other major types of cases that make up a significant portion of New Hampshire’s civil court’s caseload are family law cases. Examples of family law matters heard by New Hampshire civil courts include issues surrounding:
- Visitation and custody of children;
- Advisory matters;
- Spousal maintenance or alimony;
- Guardianship;
- Child support;
- The loss of parental rights;
- Paternity and adoption;
- Child abuse and child neglect matters.
When to Hire a Civil Litigation Attorney?
It is generally advised to consult with an attorney as early as possible if you are having a legal issue that you believe may require a civil lawsuit. Consulting an attorney early on in your case can result in fewer legal issues arising at a later point in the case. Further, there are also deadlines that must be adhered to when it comes to filing a civil case.
A local New Hampshire lawyer will be familiar with New Hampshire’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 to take.
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 or other civil dispute, an attorney will be familiar with the laws and civil process involved in pursuing those matters as well. As such, they can answer any questions you may have regarding 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 handle your civil case from start to finish. When it comes to the exact aspects of your civil lawsuit that an attorney can assist with, that will be dependent on the type of lawsuit that you are involved in.
In general, an attorney will be able to represent you throughout all phases of your lawsuit, which includes the following:
- Pre-lawsuit Phase: During this phase, your attorney will meet with you to get an understanding of your case and answer any questions you may have.
- If hired, 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 your lawsuit has been filed, your attorney will then conduct discovery, which is the formal process by which they will serve requests upon the other party or parties involved in the lawsuit to gather information to support your 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, then a civil litigation lawyer will be able to represent you in court in front of the judge or jury by presenting your legal claims, questioning witnesses, and introducing evidence;
- Post-trial Phase: After your case has been concluded, an attorney may stay on the case 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. In fact, attorneys are obligated to keep their clients informed of their cases. 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 regular billing statements.
How Much Does a Civil Attorney Cost?
When it comes to determining the total cost of a civil attorney, the cost of civil suit lawyers will vary based on the specific facts of each case. There are also a number of other factors that may impact the total cost of a civil attorney, 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 Manchester may have different rates from a smaller city;
- The total amount of time that is spent either pursuing or defending the lawsuit.
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. Typically, in civil lawsuits, almost every contract that is executed between clients and an attorney are hourly fee contracts.
In an hourly fee contract arrangement, an attorney will agree to take a case based on the client paying the attorney an hourly rate for their work. Most often, an attorney will require a retainer to be paid by the client before they start work on the case. A retainer is an initial payment or deposit that is made by the client in order to secure the services of the attorney. The attorney will then bill against that retainer as they complete the work.
For example, an attorney may require an upfront retainer of $2,500. The attorney will then work the case, such as filing discovery, drafting motions, drafting pleadings, appearing in court, and/or taking depositions of key witnesses.
If an attorney’s hourly fee is $250 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 is 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 that are addressed with civil laws. As such, if you are involved in a civil lawsuit in New Hampshire or if you 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 New Hampshire.
An experienced civil litigation attorney will be able to help you determine the laws that apply to your specific case, 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’s platform can assist you in locating an attorney and setting up a consultation with them.
An experienced attorney will also be knowledgeable about New Hampshire’s civil laws and civil procedure. This means that the attorney will be able to represent you throughout the entire legal process, as discussed above. Finally, an attorney will also be able to represent your interests in court, as needed.
