A civil law attorney in Washington, as well as in other states, is commonly called a litigator. This is a type of lawyer who is hired by a client to file or defend a civil lawsuit. Civil law attorneys may practice in one or more of the following areas of law:
- Personal injury law
- Landlord and tenant law
- Family law
- Business and finance law
- Employment law
- Immigration law
- Real estate law
It may be helpful to understand the differences between civil and criminal law to understand what a civil lawyer does. Civil laws address conduct that causes some type of injury, either to individuals or to other parties, through lawsuits filed against individuals or other parties.
When a party to a lawsuit is deemed to be liable for an injurious act, the consequences will typically include a monetary award or an injunction. In contrast, criminal laws are used to punish individuals who are found guilty of committing criminal offenses.
Criminal laws address conduct, behaviors, or crimes that break the rules that were created by society. Civil laws, on the other hand, typically involve disputes between individuals or organizations.
If an individual has any questions about one of the areas of law listed above or any other type of civil law question, they should consult with a local Washington lawyer.
When to Hire a Civil Litigation Attorney?
There are numerous reasons why an individual or a business may sue another party or be sued for a civil law violation. In some cases, civil law disputes are resolved using mediation or are settled in small claims court.
If a case is not settled, it will need to be heard and decided by a civil court. This applies especially in cases when the issue could lead to serious legal consequences, for example, a large amount of monetary damages or being required to pay civil fines. In these cases, it is advisable to hire a civil lawyer.
One example of this issue is a product liability lawsuit. Product liability cases typically involve complex legal issues and may result in a large damages award.
Civil attorneys who have experience with product liability issues can help defend a company being sued for improper warning labels or defective products. A civil lawyer can also help a private individual sue a company based on a product liability claim.
One other example would be a case involving child custody issues. Civil attorneys can protect the rights of parents over their children and help ensure that a parent is not totally cut off from seeing their children. In cases that involve child or domestic abuse, a civil attorney can help the non-abusive parent with gaining full custody rights.
In business law cases, a civil lawyer can help parties involved in real estate transactions. For example, if a business is purchasing property or acquiring another business.
Civil lawyers can negotiate with landlords or opposing counsel on behalf of a client. In addition, a lawyer can draft and review the final agreement and represent their client in court if any disputes arise during the negotiation process. Essentially, in any civil law case that may result in significant damages being awarded or severe consequences being imposed and involves complicated legal issues, a party should hire a civil lawyer to represent them.
What to Expect from Your Civil Law Attorney?
When a party is working with a civil lawyer, they can expect their lawyer to handle all of the major aspects of the lawsuit they are involved with, whether they are the plaintiff or the defendant. From the beginning of the case, including the pretrial stages of the lawsuit, a civil lawyer can assist in the discovery process.
This discovery process may include, but may not be limited to, the following:
- Deposing essential witnesses;
- Hiring expert witnesses as needed;
- Creating a discovery plan;
- Serving discovery requests to the opposing party;
- Filing documents with the court.
If the parties are not able to agree on a settlement, or if they refuse to settle the case, a civil attorney can handle the trial process, which may involve:
- Filing motions during the trial;
- Arguing on behalf of a client during a court session or hearing;
- Participating in jury selection;
- Submitting new evidence under certain circumstances;
- Questioning witnesses who are providing live testimony.
Other examples of what a party can expect from their civil attorney includes:
- Assistance in drafting settlement agreements;
- Filing appeals once the trial has concluded;
- Filing a separate lawsuit or joining another party to the existing lawsuit;
- Recovering various civil legal remedies.
A civil attorney is obligated to follow specific professional, legal, and ethical standards, including exercising professional judgment on behalf of their client. This means they cannot represent a client if there is a conflict of interest with an existing client.
A civil attorney has a duty to maintain the confidentiality of their client, meaning they are not allowed to:
- Disclose case information to outside parties;
- Disclose a client’s information or secrets for personal gain;
- Reveal specific details when a client did not give consent.
An individual can expect that their lawyer will inform them of all of the available settlement options or possible resolutions. A lawyer will also honestly analyze the chances of winning the lawsuit.
Additionally, civil attorneys should provide their clients with information about their fee structures for billing purposes and then bill the client according to that fee structure. It is important for a client to understand that they have ultimate control over their lawsuit.
This means that the client ultimately decides which parties to sue, when to sue, and when to settle the case. It is important, however, to defer to a lawyer’s judgment related to any legal decisions and to follow their advice regarding the overall strategy of the lawsuit. If an individual does not feel comfortable with or that they cannot trust their attorney, they should consider hiring a different one.
How Much Does a Civil Attorney Cost?
The cost of civil suit lawyers will vary depending on many factors, including:
- The average fees for the attorney’s location;
- How much work a specific case could take;
- The experience and reputation of the attorney handling the case.
An additional factor that may influence the cost of a civil attorney is whether they are a member of a law firm or if they practice on their own. If the lawyer works in a firm, other professionals may handle aspects of the case, such as paralegals.
Another issue that influences the cost of a civil attorney is the fee structure used. One example is whether or not the attorney uses a contingency fee structure where they are not paid unless they win the case. In these cases, the client would only be responsible for administrative costs if they do not win.
In contrast, if the civil attorney bills at an hourly rate, they will be paid on an ongoing basis. This will apply throughout the case, regardless of the outcome. Hourly fee costs can vary significantly, anywhere from $100 to $1,000 an hour, and, sometimes, even higher in larger cities.
The jurisdiction where the case is located or the location of the attorney’s practice may also influence the cost. For example, in some states, the attorney’s fees that lawyers can recover are capped, and damages in personal injury lawsuits are also capped.
Do You Need a Civil Attorney?
If you are involved in a civil dispute, either as a plaintiff or as a defendant in Washington, it is important to consult with a civil litigation attorney in Washington. A Washington attorney will be knowledgeable about the laws of the state and the laws governing your specific issue.
Your civil lawyer will guide you through every aspect of the legal process and represent you during negotiations and court appearances. Having a lawyer handle your Washington civil case will give you the best chance at a favorable outcome.
