There are two main branches of laws in the United States: criminal law and civil law. A Kentucky civil litigation attorney is an attorney who practices state and federal civil laws in civil court.
Civil law is the set of laws that address the behaviors of one party that result in injury or harm to another individual or other private party. Civil laws also address matters related to family issues, estate planning, guardianship, and civil matters.
Generally speaking, most civil law cases in Kentucky are cases that involve a tort. In Kentucky, state law recognizes a tort as a civil wrong that requires compensation for the harm or damages caused.
Tort cases may be caused by a person or party’s negligence, intentional wrongdoing, or strict liability. Importantly, if a tort is committed, Kentucky law grants the victim of the tortious act the legal right to civilly sue the person who allegedly harmed them. This right to sue is known as a “cause of action.”
Examples of the most common types of tort cases heard in Kentucky civil courts that pertain to civil laws include:
- Cases involving the negligent actions of another person, such as motor vehicle accidents;
- Cases involving the fraudulent actions of another person;
- Cases involving harming property, such as property destruction matters;
- Cases involving intentional physical torts such as civil battery or assault;
- Cases involving intentional property torts such as conversion or other theft crimes;
- Cases involving emotional torts, such as defamation, libel, slander, and/or an invasion of privacy.
As mentioned above, in addition to tort cases, the other major types of cases that make up a significant portion of Kentucky’s civil court’s caseload are cases involving family law matters.
Examples of common family law matters heard by Kentucky civil courts include issues surrounding:
- Visitation and custody of children;
- Spousal maintenance or alimony;
- Child support;
- The loss of parental rights;
- Paternity and adoption;
- Child abuse and child neglect matters.
When to Hire a Civil Litigation Attorney?
In general, it is advised that anyone who has a legal issue which may require court intervention to consult with an attorney as early as possible. This is because consulting with an attorney early on in your case can result in fewer legal issues arising at a later point.
A local Kentucky lawyer will be familiar with Kentucky’s civil laws and statutes, as well as the entire civil procedure process involved in suing a party for damages. As such, they will be able to advise you of the best course of legal action and answer any questions you may have regarding your case.
An attorney will be able to assist you in identifying the party responsible for your damages and help you hold them responsible for their tortious actions. They will also be able to inform you about your chances of success. Further, if your civil matter is a family matter, an attorney will be familiar with the laws and civil process involved in pursuing those matters as well.
What to Expect from Your Civil Law Attorney?
As far as what you can expect from your civil law attorney, you should expect your attorney to keep you well informed about your case. This means that you should always expect your civil attorney to inform you of all of your settlement options, possible case resolutions, and, most importantly, the current status of your case.
Your attorney should also send you regular billing statements that outline the work that has been performed in your case. In fact, attorneys are obligated to keep their clients informed of their cases.
In general, an attorney will represent you throughout all phases of your lawsuit, including:
- Pre-lawsuit Phase: During this phase, your attorney will meet with you to get an understanding of your legal issues.
- Then, if you choose to hire the attorney after a consultation, your attorney attempts to resolve your case without the necessity of filing a lawsuit, such as by sending a demand letter;
- If your attorney is unable to resolve your case without a lawsuit, they will then draft the necessary lawsuit and properly serve it on the defendant;
- Pre-trial Phase: After the lawsuit is filed and served, your attorney will then conduct discovery, if necessary.
- Discovery is the formal process by which one party will serve requests upon the other party or parties involved in the lawsuit to gather information to support their civil claims.
- Your attorney will also be able to represent you at any in-person proceedings prior to a final trial, such as handling pre-trial motions or temporary hearings;
- Trial Phase: If your case is not settled prior to trial, then a civil litigation lawyer will be able to represent you in court in front of the judge or jury;
- Post-trial Phase: After your case has been concluded, an attorney may still be needed in order to help you collect damages, disburse funds, or file an appeal.
How Much Does a Civil Attorney Cost?
As far as the total cost of a civil attorney, the cost of civil suit lawyers will vary widely based on the particulars of the case. For instance, the following is a list of factors that can affect the cost of a civil attorney:
- The area of law that the attorney practices;
- The areas of law that the plaintiff’s individual claim encompasses;
- The attorney’s level of experience, such as whether or not they are bar-certified;
- The attorney’s reputation in the industry;
- The difficulty of the case;
- Whether or not the attorney utilizes support staff, who bill at a lower rate, to handle the day-to-day management of the case;
- The location in which the attorney practices, as different cities have different cost averages
- For instance, attorneys that practice in Louisville and Lexington may have different rates from smaller cities; and
- The total amount of time that is spent either pursuing or defending the lawsuit.
It may seem obvious, but the most important factor in calculating the total cost of a civil attorney is the amount of time that it will take to finish the case. This is because, in civil lawsuits, almost every contract that is executed between clients and an attorney is an hourly fee agreement.
In an hourly fee contract, an attorney agrees to take a case based on the client paying the attorney an hourly rate for their work. An attorney typically requires a retainer to be paid before they begin work on a client’s case.
A retainer is an initial payment or deposit that is made by a client to secure the services of the attorney. The attorney will then bill against that retainer as they complete work in the case. Then, the client must make sure the retainer is refreshed as work is performed.
For example, an attorney may require an upfront retainer of $3,500. The attorney will then work the case, such as filing discovery to gather evidence, drafting motions and pleadings, taking depositions of key witnesses, and representing their client in court for pre-trial motions or other in person court matters.
If the attorney’s hourly fee is $350 per hour, then the retainer would be depleted after 10 hours of work on the case. As such, the client would have to replenish the retainer before the retainer has been depleted so the attorney can continue working on their case. Thus, the most important factor in determining the total cost of a civil attorney is the amount of time needed to finish the case.
Examples of other common contracts for civil matters include contingency fee contracts and flat fee contracts. In a contingency fee arrangement, an attorney takes on the cost of pursuing the case in exchange for receiving a percentage of the amount recovered in the case. These arrangements are common in personal injury matters.
In a flat fee contract, an attorney takes on the case for a one-time payment and then does not bill hourly. Flat fee contracts are commonly utilized in civil cases where the case is straightforward and there are not multiple opposing parties involved. For instance, a simple will may be done for a one time flat fee.
Do You Need a Civil Attorney?
As can be seen, civil laws in Kentucky cover many different areas of the law. As such, in order to pursue a civil lawsuit, you must have an understanding of many different civil laws and civil procedures.
Therefore, if you are involved in a civil lawsuit in Kentucky or are seeking to file a lawsuit as a result of a legal issue that you are facing, then it is in your best interests to consult with an experienced civil litigation attorney in Kentucky as early as possible.
A civil litigation attorney will be able to help you determine the laws that apply to your specific legal issues, as well as help you determine your best course of legal action. An attorney can also answer any questions that you may have regarding your case or issues. LegalMatch can assist you in locating an attorney and setting up an initial consultation with them.
An experienced attorney will be knowledgeable about Kentucky’s civil laws and civil procedure. This means that the attorney will be able to represent you throughout the entire legal process, from pre-lawsuit to post-lawsuit. Finally, an attorney will also be able to represent your interests in court, as needed.
