What Are the Types of Cases Handled by Civil Attorneys?
Civil attorneys handle many different types of cases in many different areas of civil law. Within each of the civil law areas listed above, there are different types of cases civil attorneys handle.
Personal Injury Law
Personal injury law governs many different types of cases and injuries, including, but not limited to:
Employment Law
Employment laws govern many different types of workplace issues, such as:
Family Law
Family laws govern many different types of issues, including:
Business Law
Business laws encompass many different types of issues related to businesses and their operation, such as:
Finance Law
Finance laws govern issues that are related to financial transactions, some of which may also fall under business laws, such as:
- Fraud and misrepresentation
- Contract disputes
- Bankruptcy
Immigration Law
Immigration law governs a variety of issues, such as:
Real Estate Law
Real estate laws govern issues that are related to property, including:
Landlord and Tenant Law
Landlord-tenant laws apply when an individual or business rents a property. These laws may also overlap with real estate laws and include:
Estate Planning
Estate planning involves planning for an individual’s property and loved ones after they pass away. The types of issues that may fall under estate planning include:
What Are Some Common Legal Issues Addressed by Civil Attorneys?
As discussed above, there are numerous different sub-categories of civil law as well as many different types of cases that civil attorneys handle. Many civil attorneys will practice in a particular area of law, such as family law or estate planning.
The most common examples of civil cases include:
- Family law cases
- Personal injury claims
- Property disputes
- Contract disputes
Because civil attorneys can handle such a variety of case types, it is important for an individual to ensure that they choose a lawyer who handles cases in the area of law that they need. LegalMatch makes the process easy by directing potential clients to the proper lawyers in their area.
What Are the Skills and Qualifications of a Civil Attorney?
There are several steps that all attorneys must complete to earn their license to practice law, no matter what type of law they end up practicing. In order to become an attorney in the United States, an individual must:
- Earn their bachelor’s degree
- Pass the Law School Admission Test (LSAT)
- Earn their Juris Doctorate degree (J.D.)
- Pass the bar exam in the state in which they will practice
- Pass the Multistate Professional Responsibility Exam (MPRE)
There are also additional degrees a lawyer can complete, such as a Master of Laws (LLM) or Doctor of Science of Law/Doctor of Juridical Science (JSD or SJD). Patent attorneys are also required to pass the Patent Bar, an additional exam.
There are also numerous skills that attorneys should possess, such as:
- Effective communication: Lawyers will need to communicate with their clients, judges, juries, and other professionals.
- Their communication skills will also be helpful when making legal arguments and explaining legal issues to their clients.
- Research skills: A lawyer needs to research laws, statutes, regulations, legal precedents, and other laws that may apply to their client’s claim.
- The lawyer needs to be able to evaluate the relevance of each of these to the case.
- Writing: A lawyer needs to have strong writing skills, as they will have to submit numerous documents to the court, write letters, and generate many different types of documents.
- Critical thinking: An attorney needs to have the ability to think critically and clearly, both to create the best strategy for their client and present their case in court.
- Negotiation: Having strong negotiation skills can help a client obtain the best outcome possible in their case.
- Time management skills: Lawyers will need to be self-motivated with their time management skills, as they will likely be handling numerous cases at once, all with different timelines and deadlines.
- Organization: Similar to time management skills, a lawyer should have the necessary organizational skills to keep up with the many cases and issues they will deal with each day.
- The ability to multitask: A lawyer may need to handle multiple different types of cases and meet multiple types of deadlines, even on the same day. Therefore, it is important that they are able to effectively multitask.
- Knowledge of the law: Attorneys should be familiar with the laws that will apply in their client’s case. Of course, no lawyer can have knowledge of every law on the books, so it is important to have the skills to determine what laws may apply and know where to find them.
Just as all individuals are different, lawyers are different as well. It is important for an individual to find a lawyer whom they are comfortable working with and who they believe has the skills necessary to properly handle their claim and resolve their issue.
What Are Civil Attorney Ethics and Professional Responsibility?
All lawyers are required to adhere to certain ethical and professional rules and have certain responsibilities. The American Bar Association (ABA) is the regulatory body for the legal profession.
The ABA provides the ethical and legal obligations that lawyers owe to their clients, courts, and the public. It also provides ethics opinions regarding interpretations of rules.
Lawyers must abide by the ABA’s Model Rules of Professional Conduct. All state bars in the United States, except for the State of California, have adopted these model rules.
The State of California has created its own code that is similar to that of the ABA. These rules govern many issues related to the practice of law, such as:
- Advocacy and representation
- Hourly fee arrangements
- Contingency fee arrangements
- Attorney-client privilege
- How attorneys should conduct themselves in court, with other lawyers, and with the public
- Reporting lawyer misconduct
- Lawyer discipline
There are certain rules that lawyers must follow when the represent clients, which include:
- Competence: A lawyer has to have the legal knowledge, education, and skills necessary to adequately represent their client. They should use their best professional judgment when they are advising prospective clients.
- Scope of representation: Lawyers have to abide by the decisions of their clients regarding their cases. They should advise clients of possible outcomes as well as recommend courses of action. However, deciding to settle or plead rests with the client.
- Communication: Lawyers have to keep their clients reasonably informed regarding all issues that require the client’s action or consent. Lawyers should answer all of their client’s questions as well as explain issues so the client is able to make an informed decision about their case.
- Fees: Attorney’s fees have to be reasonable and calculated according to the ABA or state rules and guidelines.
- Advertising and solicitation: Lawyers have to follow ABA guidelines for advertising and soliciting clients. There are strict regulations regarding how attorneys can solicit new clients.
Lawyers have to act in their client’s best interests. However, this does not always necessarily mean they are acting ethically. Ethical issues may arise, such as:
- A conflict of interest: Lawyers should not represent two clients who have interests that are opposite. For example, a lawyer cannot represent both of the parties in a divorce.
- Failing to communicate: Lawyers are very busy professionals who are often handling many cases at once. Also, there are often long periods of time waiting for things to happen in legal cases. However, attorneys still have to check in with their clients and return phone calls and emails.
- Commingling funds: Lawyers have a fiduciary duty to separate client trust accounts from their business funds. If they do not, it is called commingling funds.
- This may occur accidentally or intentionally.
- Breach of confidence: Attorneys are required to keep confidential information their client shares. If there is a third party who is able to overhear the discussions, it may be an ethical violation.
- This is referred to as the attorney-client privilege. It is important to note that there are certain exceptions to this rule, such as when a client threatens to harm themselves or others.
If an individual believes that their lawyer has violated the ethical rules, they can contact the disciplinary office of their state bar association. An individual may also be able to sue their lawyer for malpractice in certain situations.
Prior to hiring a civil attorney, an individual should ensure that they are licensed to practice in the state and that they have not had any disciplinary proceedings. This information can be obtained through the state bar in their state.
When to Hire a Civil Attorney?
As mentioned above, someone can sue or be sued under almost any non-criminal theory of law. If you believe you have been wronged financially or otherwise, it would be ideal to hire a civil attorney to help you assess the merits of your case.
Furthermore, if another person or business ever sues you, it is best to immediately consult with an attorney to determine the best course of action. Delaying your response to the lawsuit can have dire consequences for your defense.
What to Expect from Your Civil Attorney?
Once you have retained a civil attorney, they will handle all major aspects of your lawsuit. For example, your lawyer will:
- Interview you and other witnesses or parties to build your case
- Prepare for and conduct depositions of you and other witnesses or parties to be used as testimonial evidence
- Handle all correspondence with the other party’s lawyers and the court
- File motions, briefs, and other documents with the court
- Make a discovery plan and serve discovery requests on the other party
- Hire expert witnesses to testify about any technical or medical issues that concern your case
- Engage in settlement negotiations with the other party’s attorneys
- Present your case before a jury or judge
It is important to remember that you have ultimate control over your lawsuit. You decide who to sue, when to file suit, and when to settle. However, it is best to defer to your lawyer’s judgment in all legal decisions and to heed any advice about the overall strategy of your lawsuit.
How Much Does a Civil Attorney Cost?
The cost of your civil attorney will vary depending upon the area of law that your claim encompasses, the experience of the attorney you hire, the difficulty of the case, and the amount of time spent pursuing or defending the lawsuit.
The cost of your attorney will also be affected by the fee structure you choose for representation. If a lawyer takes your case on a contingent basis, he or she will recover an agreed upon percentage of your total recovery, usually around 30 percent.
Alternatively, you may pay your attorney based upon his or her hourly fee. Some attorneys also offer to take cases for a flat rate.
Do You Need a Civil Attorney?
If you need to file a lawsuit it is strongly suggested you seek the assistance of a civil attorney. A civil attorney can help you navigate the complicated court system and ensure that you do not miss any important deadlines.
A civil attorney can also consider your case and help you determine the likelihood of success should your case go to trial. If you have been sued, it is important to speak to an attorney promptly in order to respond to the lawsuit within the appropriate time frame.
LegalMatch’s lawyer matching service can help you find a licensed civil attorney in your area free of charge. Just take a few minutes to submit your civil law question or issue on the LegalMatch website and, within around 24 hours, you will get responses from lawyers in your area who are ready to start helping you reach a resolution.
