An Ohio civil litigation attorney is a licensed attorney in that state who represents clients in civil lawsuits. Civil litigation attorneys may be distinguished from other civil attorneys who deal with issues that are civil in nature but do not involve lawsuits. Examples of civil law services of this type would be negotiating an agreement for the sale of a business or drafting and reviewing a partnership operating agreement. A local Ohio lawyer would be able to explain the differences.
A civil litigation attorney, or “litigator,” represents clients who are parties to a lawsuit involving civil law in a civil court. Their clients hire them either to file and prosecute a civil lawsuit for them. Or a person may hire a civil litigation attorney to defend them in a civil lawsuit.
A civil litigation attorney usually practices law in one of the following fields:
- Commercial business disputes;
- Personal Injury law;
- Infringement on intellectual property rights;
- Family law;
- Business and finance law;
- Landlord and tenant law.
This is just a sample list of practice areas under civil law; there are many, many other branches and sub-branches that lawyers can practice in. Some states and areas may classify specific laws slightly differently or use different terms.
Civil litigation attorneys may also be distinguished from lawyers who represent clients in the criminal justice system. Civil law is a branch of law that can be distinguished from criminal law. Criminal law is the law of crime and punishment for criminal convictions.
The lawyers involved may be criminal prosecutors who work for such agencies as a district attorney that prosecute the alleged perpetrators of criminal offenses. Then, there are criminal defense attorneys who defend people who have been charged with criminal offenses.
When Should I Hire a Civil Litigation Attorney?
If a person has been served with a complaint naming them as a defendant in a civil action, they definitely want to consult a civil litigation attorney for assistance with their case.
One question the person would ask their attorney is whether one of the person’s insurance policies, such as a homeowners’ insurance policy or a car insurance policy, would pay for the loss that may result from a civil lawsuit.
In some cases, a person’s insurance company would also pay the lawyer to represent the person who is covered by the policy. This would be true, for example, if a person is sued for their negligence in causing a car accident. The person’s car insurance should pay an attorney to defend the person in the lawsuit.
If a person wants to file their own lawsuit against another person or business, then they would hire their own civil litigation attorney to represent them. They would look for an attorney who practices in the area of law at issue in their matter, e.g., personal injury. For example, if a person has been significantly injured in a car accident that was caused by the negligence of another driver, they would want to hire a personal injury attorney.
What Should I Expect from My Civil Litigation Attorney?
When a person hires an attorney to represent them in a civil lawsuit, the attorney should handle all aspects of the case. This is true whether the attorney represents the plaintiff, the person who starts the lawsuit, or the defendant, the person who is sued.
If the attorney represents the plaintiff, the attorney’s first step is to draft a complaint, the legal document that states the causes of action of the plaintiff and the remedy they seek. The complaint must be filed with the clerk of the appropriate civil court. The attorney should know in which court to file the lawsuit. After filing, the plaintiff’s attorney arranges for a copy to be served on the defendant.
The defendant has to file their answer to the complaint, usually within 30 days. The filing of the complaint, the answer and related actions are all part of the “pleading” stage of the lawsuit.
When the pleadings have been filed, the pre-trial phase of a civil suit begins. The discovery process is an important part of the pre-trial phase of a civil lawsuit. The steps to discovery in most cases would include the following:
- Planning discovery and then executing the plan;
- Taking the depositions of witnesses;
- Identifying whether expert witnesses are needed;
- If expert witnesses are required, identifying the appropriate experts and preparing them to participate in the case;
- Making requests for discovery to the other party, e.g., the production of documents; and
- Enforcing the requests made if the other party does not respond as required.
During the pre-trial phase, each party evaluates the evidence that is discovered. They might explore the possibility of a settlement. If the parties cannot agree to settle, a civil attorney would prepare the case for trial and proceed to the trial.
How Much Does a Civil Litigation Attorney Cost?
The total cost of a civil litigation attorney’s representation for a case is going to depend on several factors. One factor is how long the case lasts from beginning to end. If a case is resolved early in the process, the cost would be lower than it would be if the case proceeds to the end of a civil trial.
Generally, clients pay their civil litigation attorneys in one of three ways:
- Hourly fee: The client pays their attorney a certain amount per hour of their work. The attorney bills the client for the total number of hours they have worked every month;
- Contingency fee: Personal injury attorneys are usually paid a contingency fee, which is a percentage of the amount of money they win for their client. If they do not win an award, they are not paid;
- Flat fee: Attorneys sometimes accept a single lump sum, or flat fee, as payment for handling a case. This might be true if the case is a simple bankruptcy or an uncomplicated divorce.
The cost of civil suit lawyers might also be affected by the complexity of the case if the attorney is paid on an hourly basis. If a case is straightforward and uncomplicated, the attorneys would devote fewer hours to it, and the total fees would probably be lower than they might be if the case were to demand a lot more of an attorney’s time.
How the attorney charges the client, whether a flat fee, a contingency fee or an hourly fee clearly is going to have an impact on the total cost.
In some cases, the law may allow the victorious party or the other to collect their attorney’s fees from the other party. A local Ohio attorney would be able to explain more.
Do I Need the Help of a Civil Litigation Attorney?
If you have been served with a complaint, you definitely want to consult a civil litigation attorney in Ohio. LegalMatch.com can quickly connect you to an attorney who has the qualifications and experience to give you the representation needed for your case.
You might have suffered a personal injury or have another reason to believe that you may need to initiate a lawsuit against another person or entity. In this case, you, too, want to consult a civil litigation attorney.
