The system of civil laws in the U.S. encompasses many different legal domains. Any law that is not part of the criminal legal system is a civil law. Attorneys who practice in a civil law domain are civil attorneys. So federal laws such as patent and copyright law, federal bankruptcy and civil rights law fall within the domain of civil law.
State laws that govern contracts, personal injury and family matters, e.g., divorce, are all civil laws. So any attorney who practices in any of these domains is a civil lawyer. This makes it difficult to give a simple answer to the question of how much a lawyer will cost.
Of course, the best way to find out about an attorney’s fees is to have a legal consultation in Florida with a Florida lawyer.
What Does a Civil Lawyer Do, and Why Might You Need One?
Many lawyers deal in only one domain of the law, e.g., family law. Others may handle issues in a few domains. But the vast majority of lawyers limit their practices to at most a few areas.
Most people need a lawyer a few times in their lives. They may need a lawyer when they decide to get a divorce. They go to a lawyer when they need help managing their debt and are thinking of getting relief in bankruptcy. They go to a lawyer for an estate plan. Or they are involved in an accident of some kind and need legal representation for dealing with the consequences.
Businesses have a greater need for attorneys and legal advice. Many companies have an attorney or attorneys in their employ full-time, referred to as “in-house counsel.” They provide the business with advice and representation in connection with the legal issues that the business deals with in its daily operations. These attorneys are civil attorneys, also.
Any person who is in business, whether as the sole proprietor of a business, a member of a partnership or an executive in a corporation would probably need the services of an attorney more often than the average person because many aspects of the operation of a business involve civil law and a wide variety of legal issues.
What Factors Are Used in Calculating Civil Lawsuit Fees in Florida?
One of the major factors that affects attorneys’ fees in Florida is the type of legal issue the attorney handles and their role in that issue.
Mostly, attorneys charge their clients one of the following types of fees:
- Contingency Fee: In most personal injury lawsuits, if an attorney represents an individual who was injured in an incident of some kind, they charge their client a contingency fee. It is called a “contingency fee” because it is contingent on their winning an award of compensatory damages for their client.
- If the attorney is successful in winning an award of damages, they take a percentage of it as their compensation. This is agreed before the lawsuit is initiated. If they do not win, they collect no fee.
- Flat Fee: Often, in a straightforward standard bankruptcy case, a client pays a lawyer a flat fee. This is a set amount that covers the attorney’s fee for a complete service or product.
- Pay by the Hour: Also known as the “hourly fee”, in most other situations, an attorney charges an hourly fee for the time they spend on an issue or a case. They tell the client how much they charge by the hour and then keep careful track of the time they spend on the client’s issue. They are likely to send the client a bill every month for the time spent in that month on the client’s issue.
Florida law does not require that attorney-client fee agreements be in writing. However, it would be a good idea to put an agreement in writing at the beginning of the attorney’s representation.
A client should never hesitate to talk to an attorney about the fee the attorney charges. They also want to know exactly what the attorney is going to do for them and what they, the client, may have to do also. It is not too soon to discuss these matters at an initial legal consultation.
In addition to the type of fee, factors that affect the amount a client has to pay a lawyer would be where the attorney practices, in a large metropolitan area, e.g., Miami Beach, or in a more rural place. Attorneys in big cities are likely to charge more, and those in rural areas less.
Another factor is the attorney’s reputation in their market, wherever that is. An attorney who has established a good reputation in their market may be able to charge more than one who is just starting out and has not established themselves.
What Other Costs Are Associated With Civil Cases?
Generally, cases that involve lawsuits are the ones in which there are significant costs other than attorney’s fees. Courts charge a filing fee for filing a complaint or other document involved in a civil lawsuit.
Then there are the costs of litigation. The case may require the involvement of an expert witness. For example, if an individual was significantly injured in an auto accident, they might need an accident reconstruction expert to prove that the defendant’s negligence caused the accident so the defendant is liable to pay the individual compensatory damages.
The attorneys on both sides have to collect and inspect all the possible evidence in their case and there are costs associated with this process, known as “discovery.” Large quantities of documents might have to be copied. There may be depositions, and the parties would have to pay for transcripts.
These are some of the costs associated with lawsuits.
What Services Do Florida Civil Attorneys Provide?
- Consultation and Discussion: Often, a person just needs a consultation to get some legal advice. They may find that a simple discussion about the situation with a lawyer is enough to provide the guidance they need to solve a problem.
- Negotiation: If a person is involved in a dispute or conflict of some kind, they may be able to consult a civil attorney who would then be able to engage in informal negotiation with the other party and solve the problem in that manner.
- Or a person may be negotiating a contract of some kind, e.g., an employment agreement for an executive position. A person may feel that their own negotiation skills are not the best and may want a civil attorney to negotiate for them, because the attorney has superior negotiation skills.
- Drafting of Documents: An individual may need a legal document of some kind, e.g., a contract to buy a business, a partnership agreement for a professional partnership, a template of a contract to use in their business for services of some kind. The appropriate civil lawyer would be the best person to draft the document.
- Representation in Court: If an individual needs to prosecute a lawsuit or has been sued and needs to defend themselves, they need a civil attorney who is equipped to represent them in court. They may have to go to trial to resolve the lawsuit. If they have been named as a defendant, they need a civil lawyer who understands defenses to civil liability.
- Representation on Appeal of Judgments: If an individual goes through a trial and believes that the judgment against them was made in error, they would want to hire a civil attorney who has experience with appeals of civil judgments.
- Business Advising: Again, a wide variety of issues can come up in a business setting, e.g., business transactions, employee relations, compliance with state and federal regulations. Any one of these things can lead a business owner to need legal advice.
As the history of civil laws teaches us, because the domain of civil law is so large and encompasses such a wide variety of laws and legal procedures, it is difficult to list all of the varied services that a civil attorney may offer. A legal consultation with a Florida civil attorney for a simple consultation fee is a good way for a person to learn how a civil attorney can help them with their issue and at what cost.
What Are the Advantages of Hiring a Civil Lawyer in Florida?
If an individual has a civil law issue in Florida and lives in Florida, then a Florida attorney would be best positioned to assist them. This would be the case even if the issue the person has involves federal law.
If a person has been named as a defendant in a lawsuit, they definitely need to contact an attorney as soon as possible. There are consequences to failing to respond to a civil lawsuit within a certain period of time.
There are other equally critical issues that an individual may confront in their lives or in their businesses. When it is important to deal with something in the most effective way possible, a person wants a civil lawyer on their side.
How Does Out-of-State Paternity Affect Child Support Payments in Florida?
If a father’s legal paternity has been established in another state, it should be enforceable in Florida. A mother who has custody and lives in Florida should be able to get enforcement of a child support order in Florida.
However, if paternity was established in another state, the mother may have to go to a court in that state to get a custody order. The Uniform Child Custody Jurisdiction and Enforcement Act may require this, if the other state ruled on paternity, because it is the home state of the child.
A custodial mother would want to consult a Florida family lawyer for advice in this situation.
Do I Need To Hire a Florida Civil Lawyer?
If you have a civil law issue, you want to consult a Florida civil lawyer. If you know what type of lawyer you need, your civil lawyer may be able to work with you on the issue or help you identify the type of lawyer you need.
Your lawyer can also tell you how they or another lawyer would bill you for the type of case you have, so you can start to have an idea of what the cost of your civil attorney is going to be. Most importantly, your attorney will be able to tell you how they can help you deal successfully with the issue you have.
