The term civil litigation attorney in the state of North Dakota refers to an attorney that practices state and federal civil laws in civil court. Civil laws are the set of non-criminal laws that address the wrongful behaviors of one party that result in some damage or harm to another individual or party.
Civil laws also address other matters, such as family issues, estate planning, property matters, guardianship, probate matters, and other administrative matters. However, in general, most civil law cases that are heard in North Dakota are tort cases.
According to North Dakota law, a tort refers to any civil wrong in which one party (known as the “plaintiff”) is damaged by an intentional or negligent act or acts of another person (known as the “defendant”). The plaintiff can then seek legal redress by filing a civil lawsuit and demanding a recovery, which is typically monetary damages.
Tort cases can be based on negligence, intentional wrongdoing, or strict liability law. Examples of the most common types of tort cases heard in North Dakota 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 premises liability;
- Cases that involve the fraudulent actions of another person;
- Cases that involve harming property, such as a person intentionally harming property owned by another person;
- 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; and
- Cases that involve emotional torts, such as defamation, libel, slander, or an invasion of privacy.
In addition to the above tort cases, the other types of cases that make up a significant portion of North Dakota’s civil court’s caseload are generally family law cases. Family law cases can involve a variety of different matters, such as:
- Issues regarding visitation and custody of children;
- Issues regarding spousal maintenance or alimony;
- Issues regarding child support;
- Issues regarding the loss of parental rights;
- Issues regarding paternity and adoption;
- Issues regarding child abuse and child neglect.
When to Hire a Civil Litigation Attorney?
It is generally advised to consult with and hire an attorney as early as possible in a case. This is especially true if you believe that your case may require a civil lawsuit. An attorney will be able to provide you with guidance as to what your best course of legal action is.
An attorney will also be able to ensure that you meet all of the state-required deadlines, such as the statutes of limitations. Statutes of limitations refer to deadlines that are strictly enforced when it comes to filing a civil lawsuit. An attorney will be familiar with these deadlines.
Further, consulting an attorney early on in your case can result in fewer legal issues arising at a later point in the case. A local North Dakota lawyer will be most familiar with North Dakota’s civil laws and statutes, as well as the entire civil procedure process involved in suing a party for damages.
As such, a civil litigation lawyer will be able to give you the best opportunity to resolve your legal issues favorably. They will also be able to answer any questions you may have regarding your case.
Further, if your civil matter is a family matter, an attorney will also be familiar with the laws and civil process involved in pursuing those matters as well. It is especially important to hire an attorney for matters involving children, as having an attorney can ensure your parental rights are protected.
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 assist you throughout the entirety of your lawsuit. Generally speaking, an attorney will be able to assist you throughout all of the following phases of a civil lawsuit:
- Pre-lawsuit Phase: During this phase, your attorney will meet with you to gather an understanding of your case and legal issues, as well as answer any questions you may have.
- If hired, your attorney will likely 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, then they will draft the necessary lawsuit paperwork and properly file and 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 your attorney serves requests for information and evidence upon the other party or parties involved in the lawsuit in order 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 presenting your case, questioning witnesses, and proving damages;
- Post-trial Phase: After your case has been concluded, an attorney may still be needed to help you collect damages, disburse funds, or file an appeal.
It is important to note that 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 and accurate billing statements, and communicate with you. 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 varies widely based on the specific facts and circumstances of your case. The following is a list of other factors that may impact the cost of a civil attorney include:
- The area of law that the attorney practices or the area of law the plaintiff’s claim encompasses;
- The attorney’s level of experience, such as how long they have practiced and whether or not they are bar-certified;
- The attorney’s reputation in the industry;
- The difficulty of the plaintiff’s case;
- The location in which the attorney practices, as different cities have different cost averages
- For instance, attorneys who practice in Fargo and Bismarck may have different rates from attorneys who practice in smaller cities;
- The total amount of time that is spent either pursuing or defending the lawsuit.
In general, the most important factor when it comes to 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 is an hourly fee contract.
In an hourly fee contract, an attorney will agree to take a client’s case based on the client paying them hourly rate for their work. Importantly, an attorney will typically require a retainer, which is a deposit made by the client in order to secure the services of the attorney.
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, and they work 10 hours on the case, then the total cost of the case would be $3,000. However, there are other fees that may also come into play, such as court filing fees, process server fees, mailing fees, etc.
Do You Need a Civil Attorney?
You might be actively involved in a civil lawsuit in North Dakota or are seeking to file a lawsuit as a result of a legal issue that you are facing. If this is the case, it is in your best interests to consult with an experienced civil litigation attorney in North Dakota as soon as possible.
An experienced civil litigation attorney will be able to help you determine your best course of legal action and also answer any questions that you may have regarding your case. LegalMatch can assist you in locating a civil attorney near you and setting up an initial consultation with them.
As noted above, an experienced attorney will be knowledgeable about North Dakota’s civil laws and procedures. 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.
