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Attorneys Civil Litigation- Who Are They And What Do They Do?

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16 January, 2024

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When we think of attorneys civil litigation, we are usually thinking of civil lawyers. So what do civil litigation attorneys do? Well civil litigation can begin at a probate court or even in a civil court from handling various types of contracts. All attorneys civil litigation play an extremely important role in the field of personal law in the United States.

Thus, this article will be all about attorneys civil litigation and the role of civil lawyers.

So let us begin without any delay.

Attorneys Civil Litigation- Leading Into Basics

Attorneys Civil Litigation- Leading Into Basics

Since attorneys in civil litigation are our main focus in this article, we’ll go into the basics now.

Who Are Attorneys?

They are practitioners in any court of law of the United States. Their qualifications legally allow them to prosecute a case. Additionally, they will also defend their clients actions in court. But, the clients would need to hire them for their services.

What is Civil Litigation?

What is Civil Litigation

In United States, litigation is the process through which individuals or legal persons can seek remedies through the public courts. Naturally, civil litigation is that part of litigation that arises out of civil law.

Therefore, attorneys civil litigation are capable of handling any sort of civil legal dispute. Normally, these are the cases in which any party wants to receive money or compensation for the damage to their rights from the party that caused the damage.

What Are The Most Common Cases That Attorneys Civil Litigation Deal With?

What Are The Most Common Cases That Attorneys Civil Litigation Deal With

Well, like all attorneys, the ones dealing with civil litigation also deal with certain types of lawsuits. So, some of the common types of lawsuits that attorneys civil litigation deals with includes the following.

  • Cases arising out of product or construction liability.
  • Lawsuits arising out of medical malpractice.
  • Personal injury lawsuits.
  • Divorce lawsuits.  
  • Landlord-tenant disputes. Additionally, this niche may also contain all types of real estate disputes.
  • Claims arising out of workers’ compensation.

Finally, they deal with most aspects of civil law. 

What Are The Duties Of Attorneys Civil Litigation?

So, what do civil litigation attorneys do? Firstly, we call these attorneys civil litigators. Attorneys in civil litigation can be lawyers or whole legal teams.

They can help in challenging or defending parties in civil lawsuit. However, their role completely depends on the ones for whom they work.

– Often termed as trial lawyers, these attorneys typically focus on specific legal areas. For example, medical malpractice or getting workers’ compensation.

– Despite the specialization they choose, their daily responsibilities remain consistent.

– Their tasks involve the following.

a.  Client interviews. Therefore, they asks clients all sorts of questions to better formulate a case strategy.

b. Creating legal paperwork. Thus, this may contain complaints, motions and claims. Additionally, they also engage in legal proceedings such as depositions and trials.

Moreover, attorneys in civil litigation can also draft commercial contracts if they are hired to do so.

Therefore, Civil litigators aim to settle cases rather than solely rely on judicial or jury decisions.

Is Legal Education Necessary For Attorneys In Civil Litigation

Yes, if you want to practice civil litigation as an attorney at law license is mandatory. So, one would need to appear for LSATs after they pass out of college with a bachelor’s degree. After you get admission into a law school, you’ll need a juris doctor degree after completing 5 years studying law.

Moreover, you will need to pass the state bar exam to acquire the law license.

When Should You Hire Attorneys At Civil Litigation?

Initially, there are numerous reasons why businesses and individuals face or defend themselves against civil law infringements. Certain civil law disagreements are settled through arbitration or other firms of alternate dispute resolutions.

Therefore, these issues are resolved in courts called small claims tribunals. Here, each party in the lawsuit will act as their own representative.

However, for each civil legal proceeding the judges have to hear and decide which party deserves what sorts of damages.

Thus, this is especially true when the cases might result in significant legal consequences for all parties involved. For example, if the case you present determines how much you will be paying in the form of civil fines or other monetary compensations. Therefore, in such situations, it becomes important to hire an attorney for civil litigation.

How Much Do Civil Litigation Attorneys Make?

Working in law can be fulfilling and stable. The legal field is in demand, with job opportunities expected to grow by 10% by 2031. In 2021, paralegals and legal assistants made an average of $56,230. Thus, this shows good potential for income in a civil litigation career.

There Can Be An Hourly Rate, Contingency Payment Or Retainer

When you hire a lawyer, they charge an amount for every hour they work. The lawyer’s fee may go up or reduce depending on the case’s complexity.

Sometimes they may charge a fixed amount for the case and built up depending on increasing costs. This is what we call the flat fee arrangement.

Moreover, attorneys civil litigation may even work on Retainer. For this, you will have to pay them an initial payment. They will deduct the fees from their final payment.

Contingency Fee arrangements are also common. Lawyers charge a certain percentage of the compensation if your case wins in court.  They can charge anywhere between 15-30 percent.

To Conclude

In summary, when you work with attorneys for civil litigation, they handle all the important parts of your lawsuit. Therefore, whether you’re suing someone or being sued, they help with things like gathering information before a trial, arguing your case in court if needed, and more.

Most importantly, they advise you on legal choices. Your lawyer should also keep things confidential and be clear about how they charge you.

Thus, while you have the final say in your case, you should always trust your lawyer’s advice. Moreover, if that trust fades, finding a new lawyer might be necessary.

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Debkanya is a lawyer turned writer. With an experience of 3 years, she is your go-to source for all things law. She has a soft corner for the US and international section. When the weekend arrives, you'll find her reading up on politics, Austen, or travel blogs over a cup of coffee.

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