In short, a Tennessee civil litigation attorney is an attorney who practices civil law in civil court. Civil law is the set of laws that address behaviors of one party that result in an injury or harm to another individual or other private party.
In general, most civil law cases in Tennessee are tort cases. Although the exact definition of what constitutes a tort varies by state, the legal term “tort” in Tennessee refers to an act when one person or entity inflicts an injury upon another party who can then sue for damages. Tennessee’s laws concerning torts can be found in Tennessee Code § 28-3-104.
Tort violations may occur either due to the intentional actions of a party, the negligent actions or inaction of a party, or by the party violating certain civil laws. Once again, if a tort is committed, Tennessee law grants the victim the legal right to civilly sue the person who caused them damages.
Tort laws in Tennessee include many different tort causes of action and result in numerous types of civil cases being heard. Examples of the most common types of cases heard in civil court 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 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, or an invasion of privacy.
In addition to the above cases involving injuries to one’s person or property, the other major types of cases that make up a significant portion of Tennessee’s civil court’s caseload are cases regarding family law matters.
Tennessee civil courts also hear a variety of different civil matters, including issues surrounding:
- Visitation and custody of a child or children;
- Advisory matters;
- 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 to hire a civil litigation attorney as soon as possible. A local Tennessee lawyer will be most familiar with Tennessee’s civil laws and statutes, as well as the entire civil procedure process involved in suing a party for damages.
As such, it is often in your best interests to enlist the aid of an attorney as soon as possible, as they will be able to assist you in identifying the party responsible for your damages and help you hold them responsible for their tortious actions in the most effective way.
In other words, an attorney will be able to ensure that you follow the proper procedure, that you meet any necessary deadlines, and that your case has the best shot at recovering the damages you are owed or getting the resolution you are seeking. If your civil matter is a family matter, an attorney will be familiar with the laws and civil processes involved in pursuing those matters as well.
What to Expect from Your Civil Law Attorney?
When it comes to what you can expect when it comes to an attorney for civil lawsuits, you should expect that an attorney will handle all of the major aspects of the civil lawsuit. The major aspects of your civil lawsuit will be dependent on the type of lawsuit that you are involved in.
There are essentially four stages where an attorney may assist an individual in a civil lawsuit in Tennessee:
- Pre-lawsuit Phase: During the pre-lawsuit phase, an attorney will meet with their client to understand their case and attempt to resolve their case without the necessity of filing a lawsuit.
- However, if the attorney is unable to resolve their client’s case without the necessity of a lawsuit, the attorney will then assist their client in drafting a lawsuit and serving the lawsuit on the defendant;
- Pre-trial Phase: After a lawsuit has been filed, there are many different events that will commonly occur prior to the case making it to trial.
- First, both parties will conduct discovery, which is the formal process by which each party serves requests upon the other party or parties involved in the lawsuit to gather information to support their case.
- An attorney will also be able to represent their client at any in-person proceedings prior to a final trial, such as temporary order hearings, and handling other various pre-trial motions;
- Trial Phase: If the case is not settled prior to trial, then a lawyer will be able to represent their client in court in front of the judge or jury by formally introducing evidence gathered in the previous stage of the lawsuit, arguing their client’s claims, and questioning witnesses;
- Post-trial Phase: After a case has been concluded, an attorney may still be involved in the case in order to collect and disburse funds or even appeal the outcome of the case.
In addition to all of the above, the main thing that you should expect of a civil attorney is that they will keep you well informed of your case. You should always expect your civil attorney to keep you informed of all of your settlement options or possible resolutions, as well as the current status of your case. In fact, attorneys are obligated to keep their clients informed of their cases.
How Much Does a Civil Attorney Cost?
As far as the cost of a civil attorney, the total cost of civil suit lawyers varies widely. This is because the costs for a civil attorney will be dependent upon a number of different factors, such as:
- The area of law in 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 in the practice area;
- The attorney’s reputation in the industry;
- The overall difficulty of the case;
- The location in which the attorney practices, as different cities have different cost averages;
- The total amount of time that is spent either pursuing or defending the civil lawsuit.
It is important to note that the most important factor used 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 representation agreement that is executed between clients and an attorney is an hourly contract.
In an hourly fee agreement, an attorney will agree to take a case based on the client paying the attorney an hourly rate for their work. In most cases, the attorney will request an upfront “retainer” to start the case, and then collect their fee as they perform work on the case.
In other words, a retainer is an initial payment made by the client to secure the services of the attorney. The attorney will often then ask the client to make sure the retainer is refreshed as work is completed on the client’s case.
For instance, 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, engaging in correspondence with the other party, taking depositions of key witnesses, and representing their client in court.
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 so the attorney could continue representing them. As can be seen, this makes the most important factor in determining the total cost of a civil attorney the amount of time needed to finish the case.
Do You Need a Civil Attorney?
You may be involved in a civil lawsuit in Tennessee or are seeking to file or initiate a civil lawsuit as a result of a legal issue that you are facing. In that case, it is in your best interests to consult with an experienced civil litigation attorney in Tennessee as soon as possible.
A civil litigation attorney will be able to help you determine your best course of legal action and answer any questions that you may have regarding your particular legal issues. LegalMatch can assist you in locating an attorney for your particular legal issues and setting up a consultation with that attorney.
An experienced attorney will be knowledgeable about Tennessee’s civil laws and civil procedure. This means that the attorney will be able to represent you throughout the entire legal process, from the pre-lawsuit phase to post-trial. Finally, an attorney will also be able to represent your interests in court, as needed.
