A Texas civil litigation attorney is an attorney licensed to practice law in the state of Texas who handles civil law cases that involve lawsuits. They may be distinguished from civil attorneys who handle civil matters that do not involve lawsuits. Civil law services that do not include lawsuits would include such services as drafting and reviewing contracts or setting up businesses.
A civil litigation attorney, or “litigator,” exclusively handles cases in which their client is a party to a lawsuit in a civil court. Their clients hire them either to file and prosecute or to defend civil lawsuits. A civil law attorney usually practices in one of the following fields of law:
- Personal injury law
- Employment law
- Family law
- Business and finance law
- Immigration law
- Real estate law
- Landlord and tenant law
Civil litigation attorneys may also be distinguished from criminal prosecutors and criminal defense attorneys. 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. Criminal cases are prosecuted by attorneys who work for federal, state, or local government agencies. People who have been charged with a criminal offense are represented by private criminal defense lawyers.
Civil law, on the other hand, addresses behavior that causes some sort of harm, either to an individual or some other private party, e.g., a business. This is done through the utilization of civil lawsuits usually brought by private parties. When a court of law determines that one party to a lawsuit is liable for these injurious acts, the consequences generally consist of the payment of money damages or other possible forms of relief, e.g., the court issues a permanent injunction.
In addition, as noted above, a wide variety of other branches of the law comprise civil law, e.g., the probate of a person’s estate after their death, family law, landlord-tenant law, immigration law, and the like.
When Should I Hire a Civil Litigation Attorney?
If a person has been sued, they want to consult a civil litigation attorney. Nowadays, often a person has some kind of insurance coverage, such as a homeowners’ insurance policy or a car insurance policy, that would pay compensation for the loss that may result from a civil lawsuit. In addition, the person’s insurance coverage may well include the cost of paying a local Georgia attorney to represent the policy holder in the lawsuit. The insurance company would pay the lawyer.
The first thing a person would do if they are named as a defendant in a civil lawsuit is to look at their insurance policies and contact the companies that have issued the policies to see if any of them may offer legal representation. If so, the person would work with the attorney hired by the insurance company to represent them.
If a person wants to initiate a 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.
What Should I Expect from My Civil Law Attorney?
When a person is represented by an attorney in a civil lawsuit, they should expect their attorney to handle all of the major aspects of the lawsuit. This is true whether the person is the plaintiff, the person who starts the lawsuit, or the defendant, the person who is sued.
If the attorney initiates the lawsuit for their client, the attorney drafts a complaint, the technical document in which the plaintiff states their cause of action and the remedy they seek. The complaint must be filed with the clerk of the court in which the lawsuit needs to be filed, and then a copy is served on the defendant. The defendant has to file an answer to the complaint within 30 days. This is referred to as the “pleading” stage of the lawsuit.
Once the pleading stage is finished, the pre-trial phase of a lawsuit may begin. A big part of the pre-trial phase is the discovery process, which might include the following processes:
- Creating a discovery plan and then following through to complete the necessary discover;
- Taking the depositions of essential witnesses;
- Hiring and working with expert witnesses as required;
- Serving requests for discovery, e.g., the production of documents, on the opposing party;
- Enforcing requests for discovery if the other party does not comply with them.
In the course of a lawsuit, the attorneys for the parties would explore the possibility of a settlement. If the disputing parties cannot agree to settle, a civil attorney will handle the trial process. This may involve:
- Filing motions during the trial;
- Appearing in court as necessary;
- Participating in jury selection;
- Preparing and presenting evidence at trial;
- Questioning witnesses who testify at the trial;
- Making arguments to the jury.
Some other examples of what a person may expect from their civil litigation attorney are the following:
- Drafting of settlement agreements;
- Filing an appeal if appropriate;
- Recovering the most appropriate civil legal remedies in a case.
Civil attorneys in Texas are also obligated to obey the Texas Rules of Professional Conduct. These are rules that ensure that attorney’s behave ethically and in alignment with their client’s best interests.
For example, a lawyer is required to use their professional judgment on behalf of their client. This means that they may not represent another person whose interests would conflict with those of an existing client. Civil attorneys also have a duty to maintain the confidentiality of client communications. This means that the attorney cannot:
- Disclose information they learn in the course of representing a person to outside parties;
- Disclose a client’s confidential information in order to gain some personal benefit; and/or
- Reveal confidential information unless a client has consented to the disclosure.
A person should expect their civil attorney to tell them about all settlement offers and to counter-offer as the person indicates and only with the person’s consent. A person should also expect their attorney to honestly assess their chances of winning their lawsuit. A civil attorney should advise their client fully and openly about how they are going to charge the client and then charge them as promised.
It is important to note that a client has control over their own lawsuit. In the final analysis, it is the client who should decide which party or parties to sue and when to file a lawsuit. An attorney should communicate all settlement offers to their client, and it is the client, in the end, who decides whether to accept or reject an offer. However, a person should defer to their lawyer’s judgment in all legal decisions and adhere to the advice their lawyer gives them.
A person should select a lawyer they feel they can trust and with whom they can work comfortably. If a person does not feel they can trust an attorney, they should look for a different one.
How Much Does a Civil Attorney Cost?
The cost of civil suit lawyers will depend on several factors. One factor is how long the case continues until it reaches a conclusion. If it is resolved fairly quickly, the cost will be less than if it continues through a civil trial.
Generally, civil litigation attorneys would charge in one of three ways:
- Hourly fee: The attorney keeps track of the hours they work on a case and bills an hourly fee monthly;
- Contingency fee: Personal injury attorneys who represent victims are only paid if they collect money damages for their client, either in settlement of the case or as a judgment. They take a percentage of the amount they collect as their fee;
- Flat fee: The attorney charges a single lump sum as payment of their fee for handling a case.
The cost of a local Texas lawyer could also be affected by the complexity of the case. If a case is rather simple and clear-cut, the attorney’s fees would probably be less than they would be if the case requires a lot of an attorney’s time and effort.
The cost depends also on how the attorney charges, whether a flat fee, a contingency fee or an hourly fee. It is important to know that in some legal matters, the applicable law may allow a person to collect their attorney’s fees from the other party if the person is victorious in their case. So, this is something for which a person’s attorney would plan.
Do I Need the Help of a Civil Litigation Attorney for My Issue?
If you have been sued or believe you have reason to sue another person or entity, you want to consult with a civil litigation attorney in Texas. LegalMatch.com can connect you to a qualified, experienced attorney who can give you the professional advice and guidance you need to get the best possible result for your issue.
