An Oklahoma civil litigation attorney is simply an attorney who practices state and federal civil laws in civil court, as opposed to a criminal attorney who practices criminal law in criminal court. Civil law is 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.
Civil laws also address matters related to family issues, estate planning, guardianship, and other administrative matters. However, in general, most civil law cases in Oklahoma are tort cases.
Although the exact definition of what is considered to be a tort varies by state, the legal term “tort” in Oklahoma is defined in the Oklahoma Tort Claims Act. The Act provides that a tort is defined as a civil wrong in which a victim seeks a remedy for, generally in the form of some kind of monetary damages.
Tort law in Oklahoma imposes a duty to act with caution when it is possible to avoid injuring another party or causing an injury to another’s property. As such, the law requires all people in Oklahoma to act reasonably when conducting their lives. Oklahoma law grants the victims of tortious acts the legal right to civilly sue the person or party who harms them. This right to sue is known as a “cause of action.”
Examples of the common types of civil tort cases heard in Oklahoma that pertain to civil laws include:
- Civil cases that involve the negligent actions of another person, such as motor vehicle accidents;
- Civil cases that involve the fraudulent actions of another person;
- Civil cases that involve harming property, such as property destruction matters;
- Civil cases that involve intentional physical torts such as civil battery or assault;
- Civil cases that involve intentional property torts such as conversion or other theft crimes;
- Civil cases that involve emotional torts, such as defamation, libel, slander, and/or an invasion of privacy.
In addition to the above civil cases based on tort law, the other major types of cases that make up a significant portion of Oklahoma’s civil court’s caseload are cases based on family law.
Examples of family law matters heard by Oklahoma civil courts include family issues surrounding:
- Visitation and custody of children;
- Spousal maintenance or alimony;
- Child support;
- The loss of parental rights;
- Family estate planning;
- Paternity and adoption;
- Child abuse and child neglect matters.
When to Hire a Civil Litigation Attorney?
In general, it is advised to consult with an attorney as early as possible if you have a legal issue that you believe may require a civil lawsuit to resolve. This is because consulting an attorney early on in your case can result in fewer legal issues arising at a later point in the case.
A local Oklahoma lawyer will be most familiar with Oklahoma’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 and answer any questions you may have regarding your case.
Further, if your civil matter is a family matter, an attorney will be familiar with the laws and civil processes involved in pursuing such cases. If your case involves a child, it is especially recommended to consult with an attorney early on in order to 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 handle all of the major aspects of your civil case. The exact major aspects of your case will depend on the type of lawsuit that you are involved in.
In general, an attorney will represent you throughout all phases of your lawsuit, including:
- Pre-lawsuit Phase: During this phase, your attorney will meet with you to get an understanding 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 with opposing parties;
- 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 a lawsuit has been filed and served, your attorney will then conduct discovery, which is the formal process by which one party will serve 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 this time during any in-person proceedings prior to a final trial, such as handling pre-trial motions or temporary hearings;
- Trial Phase: If your case is not settled prior to your trial date, your lawyer will be able to represent you in court in front of the judge or jury by arguing and presenting your legal claims;
- Post-trial Phase: After your case has been concluded, you may still wish to keep the attorney retained 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 always expect of a civil litigation 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, possible case resolutions, and, most importantly, the current status of your case. 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 specifics of the case, and a number of other factors, including but not limited to:
- 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 Oklahoma City and Tulsa may have different rates from smaller cities;
- The total amount of time that is spent either pursuing or defending the lawsuit.
Generally speaking, 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 agreement.
In an hourly fee agreement, an attorney agrees to take a client’s case based on an agreement that the client pays the attorney an hourly rate for work performed on their case. Often, an attorney requires a retainer to be paid before they begin working on the case.
A retainer is an initial payment or deposit that is made by a client to secure the services of the attorney. The attorney will then bill against that retainer as they complete work. It is often the duty of the client to make sure the retainer is refreshed as work is performed.
For example, an attorney may require an upfront retainer of $2,500. The attorney will then work the case, such as filing discovery to gather evidence, drafting motions, drafting 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 $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 has been fully depleted so the attorney can continue working on their case. As such, time plays a significant factor in the total cost of a case.
Do You Need a Civil Attorney?
There is a wide range of legal issues that are covered by civil laws in Oklahoma. As such, if you are involved in a civil lawsuit in Oklahoma or 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 Oklahoma as early as possible.
A 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 particular legal issues. LegalMatch can assist you in locating an attorney and setting up an initial consultation with them.
An experienced attorney will be knowledgeable about Oklahoma’s civil laws and civil procedures. As such, an experienced civil litigation 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.
