Who is a Civil Law Attorney?
Civil law lawyers are essentially defined within the scope of their work and expertise. This means that a civil law lawyer is an attorney who practices in the field of civil law. Civil law, by definition, typically encompasses all law that is not criminal in nature. It includes everything from contracts and real estate to personal injury and divorce. So if you have a legal issue that needs to be resolved, chances are it falls within civil law.
For example, if it pertains to a person’s rights, duties or obligations, it likely falls within the realm of civil law . If it involves the ownership of certain property or a matter relating to divorce, adoption or guardianship, it falls under civil law. Criminal defense attorneys, on the other hand, would practice law only to defend clients against such charges as theft, battery and other crimes.
In most cases, a severe civil law case will require the experience of a civil law lawyer to get through the complicated legal process. A criminal case will be best-left to a criminal law attorney.
Duties of Civil Law Attorneys
The responsibilities of civil law lawyers range widely, although they all tend to focus on the application of statutory law to a given situation. In many cases, this means representing clients in civil litigation, whether they are plaintiffs or defendants. Civil litigation is basically the judicial process for resolving conflicts that usually involve compensation or specific action. It differs from criminal litigation in that there is no jail time involved, and the penalty for not following through on the outcome of a civil case is usually monetary rather than jail time. Another responsibility for civil law lawyers is to mediate disputes to help the parties reach a thorough and fair settlement of their conflict. Often these mediations take place before a lawsuit is filed, and the civil law lawyer may even serve as a mediator for a conflict in which they are not a directly involved litigant. Mediation is a two-way street with a third party serving as a neutral advocate for both sides of the dispute. If the civil law lawyer is also a notary, some of the responsibilities of the position may include various administrative tasks, such as making sure notarized documents conform with the law, registering these documents and ensuring that the parties involved comply with certain financial and legal obligations within the judicial system.
Types of Cases Civil Attorneys Handle
Civil Law Lawyers deal with various types of cases. They commonly handle contract disputes, where one party has not met their obligations under an agreement. This may involve breaches of services, agreements, or contracts. Further, Property Disputes are also the subject of civil law cases. These disputes can arise between property owners, disputes pertaining to mortgages, liens, and other things related. Family/Divorce – Civil law lawyers also deal with family matters such as the breakdown of marriage, custody of children, property division, and all other issues that arise during the separation process. Family lawyers must be versed in contract law, tort law and property law, among others, in order to serve their clients most effectively. Duress – This is usually linked to a party being forced into a contract with the threat of violence or other intimidation while Fraud – If one party to a contract is misled about the benefit they will gain by entering into a contract with another party. Personal Injury – Accounts for the large majority of civil cases. Personal injury matters involve people who have been physically injured via the negligence of another. This could be from medical malpractice, a slip and fall incident, a car accident, or something else. Usually, personal injury cases are due to negligence, where the other party’s actions cause harm to someone else.
Selecting the Best Civil Law Attorney
When it comes to selecting a civil law lawyer, experience, area of specialization, reputation, and client reviews all play pivotal roles in making an informed decision. First, assess the lawyer’s experience in the relevant field of law. Lawyers specializing in various aspects of civil law, such as family law, property disputes, employment matters, and personal injury, will certainly have different levels of expertise. Specialists are often familiar with the common issues your case may involve, and they can guide you through the intricacies of the legal process.
Once you’ve narrowed down to a few specialists, consider the reputation of the civil lawyers on your shortlist. Seek formal recommendations from professional organizations or consider their standing with your local bar association. You can also ask your potential lawyers if they have received any awards or recognitions that demonstrate their capabilities .
Another way to gauge a lawyer’s reputation is by reading client reviews. While you should not base your choice purely on these reviews, as unhappy clients can be more vocal than satisfied ones, consider both positive and negative feedback. If you can, speak to past clients to get more nuanced feedback about their experience with the lawyer.
After considering factors such as experience, area of specialization, and reputation, ask about the lawyer’s communication style and responsiveness. Cases often require regular updates or meetings, so it’s important to work with someone you can communicate well with and who will provide updates as needed.
Lastly, think about your budget. Lawyers’ fees vary widely and will influence the outcome of the case as well. Therefore, you should have a clear picture of the lawyer’s fee structure and billing practices before deciding.
Role of Civil Law Attorneys in the Legal System
Civil law lawyers are the backbone of our legal system. On one end of the spectrum, they help uphold civil rights and provide access to the justice system to individual clients and corporations; on the other end, civil law lawyers act as the lawyers for the State of California and enforce laws and carry out the civil system of justice.
Broadly speaking, the function of the civil law lawyer is to represent individuals and corporations in civil actions against other individuals and corporations. The goal of civil law lawyers is to obtain justice for their clients by obtaining financial compensation for damages suffered by the client and to prevent similar injuries to their clients in the future.
Unlike criminal law cases, the parties in a civil actions are private persons or entities (e.g. corporations) and not the State of California. Generally speaking, a civil action is any lawsuit that does not involve the potential for incarceration. For example, allegations of fraud, breach of contract or legal malpractice claims are generally the subject of civil law cases, and not criminal law cases. Civil law cases usually involve monetary damages.
Civil law lawyers are licensed by the California Bar of certified by the California Supreme Court to provide legal advice to and represent their clients in civil litigation matters. Civil law lawyers are obligated to advocate on behalf of their clients and "zealously" protect their interests. However, all lawyers have what is called a "duty of candor" with the Court. This means that while it is the civil lawyer’s job to advocate on behalf of the client, the civil lawyer also has a legal and ethical obligation to tell the Court the truth.
The Code of Civil Procedure governs civil actions in California and is the statute which sets out the rules for bringing a civil lawsuit in Civil Court. First, in order to bring a civil lawsuit, a plaintiff must have brough the lawsuit within a specific amount of time (called the "Statute of Limitations"). A written demand or letter is often necessary to attempt resolution (often referred to "pre-litigation" mediation) and enable the plaintiff to preserve its right to bring a lawsuit.
Once a civil lawsuit is brought, the parties go through a process called "discovery" to gather more information about the facts of the case. This information gathering is done in a variety of ways, including depositions, documentary production and written questions. Once discovery is complete, settlement negotiations are attempted. Often a trial is necessary. As a result, civil law lawyers must be skilled at negotiating, mediation, court appearances and trial work.
Frequently Asked Questions about Civil Attorneys
The following are common questions related to civil law lawyers:
How much can a civil lawyer charge me?
Fees may be hourly, or they may be a fixed amount depending on the type of case and the lawyer. It can range anywhere from a few hundred dollars for a consultation to thousands of dollars per hour for their expertise. Keep in mind that they offer a variety of payment options, so discussing fees with them directly will help you both plan the best financial arrangement for your specific case. You can also expect that most hourly fees will help out with things like research, documents, and filing fees as well.
How long do civil cases usually last?
This depends on several factors, the main ones being: what is your case about, and how quickly you want the case done. Generally speaking, civil cases can range anywhere from 6 months to over a year, but some cases take only a week or two to settle .
When should I see a civil lawyer?
It depends on several factors, like how much you know about the particular area of the law, the complexity of the case, and how much work you are doing on the case yourself, if any. In simple terms, if your case is going to take a considerable amount of expertise to explain, argue, and negotiate, then it is best to get a lawyer on the case sooner than later to avoid the worst of the damage. Conversely, if your case is fairly straightforward, one which you will be able to handle by yourself, there is no need to get a civil lawyer involved right away, as they will be able to help you out later on if you lose your case, or if new information arises which changes the picture of what happens.
If you still have any questions about civil law lawyers, contact us today!