In short, a Virginia civil litigation attorney is an attorney that practices civil law in civil court, as opposed to an attorney that practices criminal law in criminal court. Civil law is the set of laws that describe non-criminal laws that have to do with private rights and remedies, such as those related to property, commerce, and administrative matters.
Civil laws also address behaviors of one party that result in some injury or harm to another individual or other private party. In fact, most civil law cases in Virginia are tort cases. Although the exact definition of what constitutes a tort varies by state, the legal term “tort” in Virginia refers to the violation of some duty owed to the plaintiff (i.e., the person who was harmed) imposed by the general law or otherwise.
In other words, a tort is a violation in which one person inflicts damage, injury, or harm to another person. Tort violations may occur due to the intentional actions of a party or the negligent actions or inaction of a party. Once again, if a tort is committed, Virginia law grants the victim the legal right to civilly sue the person who allegedly harmed them. This right to sue is known as a “cause of action.”
Tort laws in Virginia include many different tort causes of action, which result in many different types of civil cases being heard. Examples of the most common types of cases heard in civil court that pertain to civil laws include:
- Cases that involve the negligent actions of another person, such as car accidents;
- Cases that involve the fraudulent actions of 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;
- Cases that involve emotional torts, such as defamation, libel, slander, and/or an invasion of privacy.
In addition to the above cases involving injuries to one’s person or property, family law matters also make up a significant portion of Virginia’s civil court’s caseload. For instance, Virginia civil courts also hear cases that include issues surrounding:
- Visitation and custody of a child;
- Advisory matters;
- Spousal maintenance or alimony;
- Child support;
- The loss of parental rights;
- Guardianship matters;
- Paternity and adoption; and
- Child abuse and child neglect matters.
When to Hire a Civil Litigation Attorney?
Once again, when a person in Virginia is injured or damaged in some way as a result of another person or party’s actions, they are legally allowed to file a civil lawsuit against the wrongdoer. A local Virginia lawyer will be most familiar with all of Virginia’s civil laws and statutes, as well as the entire civil procedure process.
As far as the exact time one should seek to hire an attorney, it is often in your best interests to enlist the aid of an attorney as soon as possible. Enlisting an attorney early in the process will ensure that you do not miss any deadlines and are able to move through your case quickly and efficiently.
An attorney will be knowledgeable on the civil laws and statutes that are involved in your particular legal issue. An attorney will also be able to assist you in identifying the party responsible for your damages and help you hold them responsible for their tortious actions in the most effective way possible.
Additionally, if your civil matter is a family matter, an attorney will be familiar with the laws and civil process involved in pursuing those matters as well. An attorney is especially recommended in cases involving children.
What to Expect from Your Civil Law Attorney?
As far as what you can expect when working with a civil law attorney, you should expect an attorney to handle all of the major aspects of the civil lawsuit. The exact major aspects of a civil lawsuit will be dependent on the type of lawsuit that you are involved in.
There are essentially four stages to almost every civil lawsuit in Virginia that an attorney may be involved in:
- Pre-lawsuit Phase: During the pre-lawsuit phase, an attorney will meet with their client and attempt to resolve the issues of their case without the necessity of filing a lawsuit.
- If the attorney is unable to resolve their client’s case without a lawsuit, the attorney will then assist their client in drafting a lawsuit and properly serving it on the defendant party;
- Pre-trial Phase: After a lawsuit has been filed, many different events will occur.
- First, an attorney will begin by assisting their client in conducting 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 client’s civil claims.
- An attorney will also be able to represent their client at any in-person pre-trial proceedings, such as handling pre-trial motions to dismiss, temporary orders, or discovery motions;
- Trial Phase: If the case is not settled prior to trial, then a civil litigation lawyer will be able to represent their client in court in front of the judge or jury by arguing their client’s claims, questioning witnesses, and formally introducing evidence gathered during the previous stage of the lawsuit;
- Post-trial Phase: After a case has been concluded, an attorney may still be involved in the case as they may be needed to collect and disburse the funds that were recovered from the civil lawsuit.
- An attorney may also continue to represent their client if an appeal of the ruling in the case is warranted.
In addition to all of the above, the main thing that you should expect of a civil attorney is that they will always keep you informed of your case. This means that you should expect your civil attorney to inform you of all of your settlement options or resolutions, as well as 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 cost of a civil attorney, the total cost of civil suit lawyers will vary widely. This is because the costs for a civil attorney will be dependent upon a number of different 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, as well as their reputation in the industry;
- The difficulty of the case;
- The location in which the attorney practices, as different cities have different cost averages;
- The total amount of time that is spent either pursuing or defending the lawsuit.
In general, the most important factor used 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, the representation agreements that are executed between clients and the attorney are most often hourly contracts.
In an hourly contract, an attorney agrees to take a case based on the client paying the attorney an hourly rate for their work as the work is performed. In most cases, an attorney will request an upfront “retainer” to begin the case.
A retainer is an initial payment that is made by the client to secure the services of the attorney. The attorney will then bill against that retainer. The attorney will also ask the client to make sure the retainer is refreshed as work is completed on the client’s case.
For instance, an attorney may require an upfront retainer of $3,000. The attorney will then work the case, such as filing discovery to gather evidence, 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, then the retainer would be depleted after 10 hours of work on the case. As such, the client would have to replenish the retainer so the attorney could continue representing them. Thus, 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?
If you are involved in a civil lawsuit in Virginia, 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 Virginia as soon as possible.
A civil litigation attorney will be able to help you determine your best course of legal action and answer any questions that you may have regarding your particular legal issues. LegalMatch can assist you in locating an attorney for your specific legal issues.
Further, an attorney will also be knowledgeable about Virginia’s civil laws and civil procedure. This means that the attorney will be able to represent you throughout the entire legal process, should you choose to hire them to represent you in your lawsuit. Finally, an attorney will also be able to represent your interests in court, as needed.
