A Florida civil litigation attorney is an attorney who is licensed to practice law in Florida and has chosen to devote their practice to representing clients in civil lawsuits. Civil litigation attorneys may be distinguished from other civil attorneys who handle matters that are civil in nature but do not involve lawsuits. Examples of civil law services of this type would be obtaining patent protection from the U.S. Patent Office or drafting and reviewing contracts.
A civil litigation attorney, or “litigator,” represents only clients who are parties to a lawsuit in a civil court. Their clients hire them either to file and prosecute or to defend civil lawsuits. A civil law attorney usually practices in one of the following fields of law:
- Personal injury law;
- Employment law;
- Family law;
- Business and finance law;
- Immigration law;
- Real estate law; and
- Landlord and tenant law.
Civil litigation attorneys may also be distinguished from lawyers who work in the field of criminal law. These are criminal prosecutors who work for government agencies that prosecute people charged with criminal offenses. Criminal attorneys defend people who have been charged with criminal offenses.
Civil law is a branch of law that can be distinguished from criminal law. Criminal law is the law of crime and punishment for criminal convictions. Criminal cases are prosecuted by attorneys who work for federal, state, or local government agencies. People who have been charged with a criminal offense are represented by private criminal defense lawyers.
Civil laws, on the other hand, address behavior that causes harm, either to an individual or to a private party, such as a business. This is done through the system of civil law, which often involves lawsuits between private parties.
When Should I Hire a Civil Litigation Attorney?
If a person has been served with a summons and a complaint in a civil action, they definitely want to consult a civil litigation attorney. Nowadays, a person often has some kind of insurance coverage, such as a homeowners’ insurance policy or a car insurance policy, that would pay for the loss that may result from a civil lawsuit.
In addition, the person’s insurance coverage may include the cost of paying a local Florida attorney to represent the insured person in the lawsuit. That is, the insurance company would also pay the lawyer to represent the person who is covered by the policy.
What Should I Expect from My Civil Law Attorney?
An attorney who represents a person in a civil lawsuit should handle all of the major aspects of the lawsuit. This is true whether the attorney represents the plaintiff, the person who starts the lawsuit, or the defendant, the person who is sued.
If the attorney represents the plaintiff, the attorney’s first step is to draft a complaint, the technical document in which the plaintiff states their cause of action and the remedy they seek. The complaint must be filed with the clerk of the civil court in which the lawsuit needs to be filed. After filing, the plaintiff’s attorney arranges for a copy to be served on the defendant.
The defendant has to file their answer to the complaint within 30 days. The filing of the complaint and the answer and related actions are all part of the “pleading” stage of the lawsuit.
The pre-trial phase of a civil suit begins when the pleadings have all been filed. The discovery process is a major portion of the pre-trial phase of a civil lawsuit. It includes such actions as the following:
- Planning discovery and then following through to complete it;
- Taking the depositions of witnesses;
- Identifying whether expert witnesses are needed;
- If expert witnesses are required, identifying experts and preparing them for trial;
- Making requests for discovery to the other party, e.g., the production of documents; and
- Enforcing the requests made if the other party does not respond as required.
During the pre-trial phase, the parties’ attorneys would assess the evidence that is discovered. They might explore the possibility of a settlement. If the parties cannot agree to settle, a civil attorney will handle the trial process. This may involve:
- Filing motions during the trial;
- Appearing in court as necessary;
- Participating in jury selection;
- Preparing and presenting evidence at trial;
- Questioning the witnesses who testify;
- Making arguments to the jury.
Some other examples of what a person may expect from their civil litigation attorney are the following:
- Drafting of a settlement agreement if the parties do agree to settle;
- Recovering the most appropriate civil legal remedies in a case.
Licensed civil attorneys in Texas must respect the Florida Rules of Professional Conduct. These rules compel attorneys to behave ethically and in alignment with their client’s best interests.
For example, the rules prevent a lawyer from representing another person whose interests would conflict with those of an existing client. Civil attorneys are also obligated to maintain the confidentiality of client communications. This means that the attorney cannot disclose information they learn in the course of representing a person to anyone else.
A person should also expect their attorney to evaluate their chances of winning their lawsuit frankly. A civil attorney should advise their client fully and openly about how they are going to charge the client and then charge them as promised.
It is important to note that a client has control over their own lawsuit. In the final analysis, it is the client who should decide which party or parties to sue and when to file a lawsuit. An attorney should communicate all settlement offers to their client, and it is the client in the end who decides whether to accept or reject an offer. However, a person should defer to their lawyer’s judgment in all legal decisions and adhere to the advice their lawyer gives them.
A person should select a lawyer they feel they can trust and with whom they can work comfortably. If a person does not feel they can trust an attorney, they should look for a different one.
How Much Does a Civil Attorney Cost?
Various factors influence the cost of hiring a civil attorney. One factor is the length of the case. If it is resolved early in the process, the cost would be lower than it would be if the case proceeds all the way through a civil trial.
Generally, civil litigation attorneys are paid in one of three ways:
- Hourly fee: The attorney is paid a certain amount for an hour of their work and bills for their total hours worked in a month;
- Contingency fee: Personal injury attorneys usually charge a contingency fee, which is a percentage of the amount of money they win for their client. If they do not win an award, they are not paid;
- Flat fee: On some occasions, attorneys charge a single lump sum, or flat fee, in payment for handling a case.
The cost of civil suit lawyers could also be affected by the complexity of the case. If a case is straightforward and uncomplicated, the attorneys would spend less time on it, and their fees would probably be lower than they might be if the case were to demand a lot more of an attorney’s time.
How the attorney charges the client, whether a flat fee, a contingency fee or an hourly fee also affects the cost.
In some cases, the law may allow the victorious party or the other to collect their attorney’s fees from the other party. A local Florida attorney would be able to explain more.
Do You Need a Civil Attorney?
If you have been served with a lawsuit or believe you have reason to sue another person or entity, you want to consult with a civil litigation attorney in Florida. LegalMatch.com can connect you to a qualified, experienced attorney who can give you the professional advice and guidance you need to get the best possible result for your issue.
