Civil law attorneys, also known as civil litigators, handle non-criminal legal matters between parties such as individuals, businesses, non-profits or government agencies.
Some of the main roles and responsibilities of a civil lawyer include:
- Investigating Cases: Conducting in-depth research into case facts, and collecting evidence like documents, photos, or witness statements.
- Researching Laws: Studying all applicable local, state, and federal statutes and case law precedents related to the issue.
- Filing Legal Documents: Preparing initial client representation forms as well as complaints, answers, motions, and other paperwork for courts.
- Negotiating Resolutions: Exploring potential settlements with opposing counsel or parties through direct discussions or mediation.
- Representing in Court: Advocating for clients during depositions, hearings, and trials by presenting evidence, questioning witnesses, and delivering oral arguments before judges/juries.
- Pursuing Remedies: Seeking appropriate outcomes such as damages, injunctions, contract enforcement, or declaratory judgments by obtaining court rulings or negotiated agreements.
- Guiding Clients: Advising on rights, responsibilities, options, and timelines while keeping clients apprised of case status and key milestones.
What Is a Civil Law Attorney?
A civil law attorney, a litigation lawyer, or a civil litigator, represents clients in non-criminal legal cases. Civil law covers a wide range of legal issues that occur between individuals, organizations, or the government.
Some common areas of civil law include:
- Personal injury: Representing plaintiffs in cases involving accidents, injuries, or negligence
- Contract disputes: Helping to resolve conflicts over business agreements, contracts, or dealings
- Property disputes: Managing cases involving ownership of property, real estate, estates, or inheritance
- Family law: Handling matters like divorces, child custody arrangements, adoptions, or prenuptial agreements
- Employment law: Advising clients on employee rights, discrimination, wrongful termination, or wage/hour violations
- Tort law: Helping plaintiffs in liability suits for issues like defective products, professional malpractice, or defamation
When to Hire a Civil Attorney?
Several situations may warrant hiring a civil attorney:
- Injury from an accident: If you’ve been injured in a car accident, slip and fall, or other incident due to someone else’s negligence, a personal injury attorney can help recover damages.
- Breach of contract: A civil litigator can explore legal remedies if a business partner or company has failed to fulfill contractual obligations.
- Property or estate dispute: Issues around ownership, inheritances, or zoning/planning may require a lawyer’s expertise.
- Employment termination: Unlawful dismissal, discrimination, or labor law violations are situations an employment attorney handles.
- Family legal matters: Divorces, child custody battles, and prenups/postnups often necessitate representation.
- Product liability or malpractice: Claims involving defective products or professional negligence may merit a lawsuit.
What to Expect from Your Civil Attorney?
When hiring a civil attorney, clients can expect:
- A consult to discuss the facts of the case, legal issues involved, merits or challenges, potential strategies, and objectives.
- Research into applicable laws, statutes, regulations, and precedent-setting cases related to the matter.
- Guidance on evidence-gathering such as medical records, bills, photos, witness statements, and contracts in dispute.
- Filing of initial legal paperwork like a complaint, and answering correspondence from opposing counsel.
- Exploring options for settlement or alternative dispute resolution before proceeding to trial.
- Representation if trial becomes necessary, including motions, depositions, oral arguments, and negotiations.
- Status updates on case progress and timelines and address new issues as they emerge.
- Pursuit of a resolution through rulings, negotiated agreement, or jury verdict/damages award.
How Much Does a Civil Attorney Cost?
Costs associated with civil litigation can vary widely depending on several factors:
Hourly rate
- Many civil litigators charge $200-500+ per hour for their legal services. Senior partners at large firms may bill over $1000/hour.
Case complexity
- More intricate cases involving extensive discovery, multiple parties, or appeals tend to run $ 100,000 to $1 million or more in legal bills.
- Less complex cases like a basic contract dispute or property boundary issue may incur $10,000-50,000 in costs.
Payment structures
- Hourly billing is common but percentage contingency fees (33-40% of awarded settlement/damages) are used in personal injury or whistleblower cases.
- Fixed or flat fees are possible for simple wills, real estate closings, or uncontested divorces.
Conclusion
Civil law attorneys play a key role in helping resolve non-criminal legal disputes for individuals and businesses through out-of-court settlements or in-court proceedings if needed.
From family matters and injury claims to contract breaches and employment issues, a skilled civil litigator can assert rights and seek fair remedies using their expertise in relevant statutes and case law.
While civil litigation costs vary based on multiple factors, an experienced attorney’s guidance is invaluable for complex or high stake cases.