why do you need a lawyer in a civil case

Full Answer

Why should I hire a civil lawyer?

Their goal isn't just to prove what happened but to show why the event happened so that it never happens to anyone else. Beyond evidence gathering, a civil lawyer listens to your side of the story and how you want to present yourself to the opposition. In this way, civil lawyers offer more than criminal attorneys or district attorneys.

What kind of cases do civil lawyers work on?

A civil lawyer most commonly works on cases involving: 1 Divorce 2 Trusts 3 Wills 4 Contracts 5 Mortgages 6 Titles 7 Wills 8 Personal injury 9 Workers compensation More ...

What does a lawyer do?

They're also involved in civil rights, business law, and personal injury law. In many other cases, lawyers are on hand to provide advice for those dealing with complex procedures.

Do I need a civil lawyer to settle a dispute?

If you've been fighting an uphill battle to settle a dispute, then you may benefit from the services of a civil lawyer. A civil lawyer aims to help you find justice while encouraging the acknowledgment of a wrongdoing on behalf of the other party. Depending on your case, you may not even need to go to trial.

What is the discovery stage of civil litigation?

When one party presses charges, a civil litigation attorney will have to devote considerable time to what is known as the discovery stage. This involves legal research and collecting information via depositions, subpoenas, and by interrogating relevant third parties in terms of the law.

Why do I need a civil litigation attorney?

It may be because of a real estate matter, a divorce, criminal charges, or it may be due to a civil dispute of some kind .

What is civil litigation?

Generally, civil litigation is initiated when the parties involved are unable to reach an agreement. While arbitration and mediation may be employed in an attempt to reach an out-of-court settlement, if these processes don’t work, the case will end up in a courtroom for the judge and jury to make a decision in terms of guilt and financial penalties.

How are lawsuits settled?

Many lawsuits are settled out of court with the help of a civil litigation attorney. Sometimes cases are settled once a trial has begun. The attorneys at Slepian, Schwartz & Landgaard have considerable experience in civil litigation.

What are employment breaches?

Employment breaches including discrimination in the workplace and wrongful termination of employment

What is construction liability?

Construction liability due to defects relating to buildings. In the case of a civil dispute, you will need a civil litigation attorney, also known as a trial lawyer, who can represent you in court if there is a trial, as well as in settlement negotiations.

Is civil litigation an adversarial process?

Unlike arbitration and mediation, civil litigation is an adversarial process involving at least two parties – individuals, companies, or any other bodies. There is usually considerable conflict and controversy involved, particularly if the case does eventually go to trial.

What happens if you are not a lawyer?

Even experienced lawyers typically do not represent themselves in court. Also, attorneys tend to specialize in one or more legal practice areas, such as criminal defense or tax law.

What is the disadvantage of being a non-attorney?

Non-attorneys are generally at a disadvantage when squaring off against opposing counsel or doing business with another party that has legal counsel. As explained above, the law is complicated and an attorney representing your adversary (or even a non-adversarial party entering into a legal agreement with you) will take advantage of this inequity.

What is at stake in a civil case?

What's at stake? A criminal case may determine whether or not you spend time behind bars, while a civil case could hurt you financially. Besides, there are many civil attorneys who don't actually collect a dime from you unless they win your case. Also, you may be able to claim legal fees as a plaintiff in a civil case, so hiring a lawyer can actually save or make you money.

What happens if you don't have an attorney?

If you're not an attorney, you may struggle with the deadlines and protocol for properly filling out and filing certain legal documents. One late or incorrect filing could derail your case, delay a given legal procedure or worse - have the case thrown out altogether (and not in your favor).

Can a solid case unravel without a lawyer?

A solid case can quickly unravel without the help of a trained and emotionally detached attorney. Similarly, failing to hire a lawyer when starting a business, reviewing a contract, or embarking on other endeavors with potential legal ramifications can result in otherwise avoidable pitfalls. 2.

Can a lawyer present your strongest case?

Most non-attorneys don't personally know the types of professionals who can help with discovery or challenge evidence or testimony by the opposing party. 6. A Lawyer Can Present Your Strongest Case. Pleading guilty or admitting fault isn't the only choice, even if there's evidence pointing directly at you.

Do I need an attorney for a speeding ticket?

Not every legal matter requires the use of an attorney. Fighting a speeding ticket and going to small claims courts are two examples. However, in many other situations involving a legal dispute, challenge, or deal, you may not wish to chance the risks of going it alone without the advice of an experienced lawyer who can help you out. In fact, while good legal representation may not be cheap, it can help get you out of a number of sticky situations, such as a bad divorce, lost job, or DUI violation.

Why do you need a lawyer for a civil case?

Another common reason to hire a lawyer in a civil case is because the matter is technically sophisticated. If you are litigating a patent dispute or a securities fraud claim , a lawyer who has the relevant expertise may be able to present your position in a more persuasive way, using the language of the industry.

What is the right to counsel?

The constitutional right to counsel means that you are entitled to representation by an attorney in a criminal proceeding, whether or not you can pay for the attorney. This means that if you cannot pay, a public defender will be provided for you, as stated in the Miranda warnings upon a suspect’s arrest. Unless you are indigent, you should think ...

What are the legal issues that occur outside of court?

Some legal matters occur outside conventional courtrooms, such as administrative proceedings involving government benefits . While the rules are generally more relaxed in these settings, the issue of whether you get workers’ compensation, Social Security , or unemployment benefits can be critical to your financial stability. If your case is straightforward, you may be able to handle these proceedings on your own. If complexities arise, or if the outcome seems in doubt, an attorney may be instrumental in gathering and presenting evidence on your behalf.

What is the term for a lawsuit against another person?

When an individual or business sues another individual or business, this is a civil case. The party suing, known as the plaintiff, can seek damages or sometimes a court order (or both) against the party being sued, known as the defendant. Damages are money paid to compensate the plaintiff for harm caused by the defendant. A court order, often known as an injunction, requires the defendant to do or not do something that affects the plaintiff.

What happens if you are charged with a crime?

For example, if you have been charged with a crime, a conviction can be devastating for many areas of your life. You may not want to risk going through the process on your own. Similarly, if you have been seriously injured in an accident, your family may be coping with heavy financial burdens.

What is a court order for damages?

Damages are money paid to compensate the plaintiff for harm caused by the defendant. A court order, often known as an injunction, requires the defendant to do or not do something that affects the plaintiff. You may need a lawyer in a civil case if there is a large amount of money at stake or if the matter is emotionally significant to you.

Do you have to hire a lawyer for a DUI?

Except for some cases involving minor traffic tickets, hiring a lawyer in a criminal case is almost always a wise decision. You have a right to counsel under the Fourth Amendment to the U.S. Constitution in cases in which you may face criminal penalties. (This may or may not include DUI, depending on the state.) The constitutional right to counsel means that you are entitled to representation by an attorney in a criminal proceeding, whether or not you can pay for the attorney. This means that if you cannot pay, a public defender will be provided for you, as stated in the Miranda warnings upon a suspect’s arrest.

How Can a Lawyer Help You in Small Claims Court?

Small claims court provides an alternative avenue for individuals to pursue claims of a lower value, usually for a maximum claim of $5,000. These proceedings tend to be less formal than other types of court proceedings. However, a lawyer’s experience and knowledge may make the difference between winning or losing a case.

What is personal injury lawyer?

Personal injury lawyers are lawyers who represent clients who were injured in an accident or through intentional conduct. They often represent car accident victims, but they may also work on cases involving medical malpractice, semi truck accidents, animal attacks and injuries caused by defective products. Read more.

Who in Identity Theft Needs a Lawyer?

When identity theft occurs, there are two main parties who may wish to seek legal counsel: defendants and victims.

What Does the Law Say About Loaning Money to Friends and Relatives?

Has someone close ever asked you for a loan? A lot of feelings and thoughts probably hit you all at once: an urge to be helpful to someone you care about, concern about getting repaid, wondering if you can afford to help this person, questions about why they are in need of a loan in the first place , and possibly even questions about the laws regarding the loan. So, what does the law say about loaning money to friends and relatives?

How can a good litigator derail a case?

A good litigator can easily derail a case even before a trial starts by using some procedural checks. Here are some of the most common tricks lawyers play in civil litigation and how you can fight back. Read more.

What is limited time to respond to a civil lawsuit?

Business Law Lawyer: Limited Time to Respond to a Civil Lawsuit. When someone is affected by a lawsuit, he or she may only have so much time to react. This means that after a letter or summons to the court has been received, a response is needed in only so much time. If this time restriction has passed, there are often severe consequences imposed.

Can a lawyer derail a case?

A good litigator can easily derail a case even before a trial starts by using some procedural checks. Here are some of the most common tricks lawyers play in civil litigation and how you can fight back.

When Do I Need a Civil Attorney?

A civil attorney is also called a litigator. These types of lawyers defend civil cases in court, according to The American Bar Association. Often a litigator gets hired to recover money or property.

What Should I Ask Before Hiring My Civil or Criminal Lawyer?

When you're searching for a civil or criminal lawyer, it's essential to ask the right questions before hiring them. Always ask how much it will cost you. Many attorneys work on a contingency basis where they pay for the cost of a case and receive payment through a percentage when the case settles.

What is criminal charge?

Criminal charges involve an investigation or prosecution for an alleged crime. It's crucial to hire an experienced criminal lawyer that is familiar with your type of case.

What type of cases do personal injury lawyers handle?

However, the type of cases taken by these attorneys varies too. A family lawyer could handle custody, divorce, or separation of assets and property. Personal injury lawyers work on slip and fall, automobile accidents, parking lot accidents, or pedestrian accidents.

What is the difference between civil and criminal law?

According to Cornell Law School, Civil law handles legal matters between private citizens. While Criminal law involves the government deciding the punishment of a person for their "act or omission."

What are some examples of civil suits?

Some specific government-related civil suits include denial of benefits like Social Security or Food Stamps, Civil rights and discrimination, and unemployment hearings.

How long does a civil case last?

There is no clear cut answer for how long a civil or criminal case will last. A civil case might get resolved in a month or two, but it could last a year or longer.

How Much Does a Civil Attorney Cost?

The cost of your civil attorney will vary depending upon the area of law that your claim encompasses, the experience of the attorney you hire, the difficulty of the case, and the amount of time spent pursuing or defending the lawsuit.

What to do if you are sued?

If you have been sued, it is important to speak and attorney promptly in order to respond to the lawsuit within the appropriate time frame.

What to do if someone sues you?

Furthermore, if another person or business ever sues you, it is best to immediately consult with an attorney to determine the best course of action— delaying your response to the lawsuit can have dire consequences for your defense.

What is a civil attorney?

A civil attorney, commonly known as a litigator, is a lawyer hired by a client to pursue or defend a civil lawsuit in a court of law. A civil lawsuit can arise in many different areas of law and often concerns the recovery of money or property. Civil attorneys specialize in a wide range of areas, including: personal injury law, employment law, ...

What is the purpose of hiring an expert witness?

Hire expert witnesses to testify about any technical or medical issues that concern your case

What happens when you retain a civil attorney?

Once you have retained a civil attorney, they will handle all major aspects of your lawsuit. For example, your lawyer will:

Who is Ken from LegalMatch?

Ken joined LegalMatch in January 2002. Since arriving, Ken has worked with a wide assortment of talented lawyers, paralegals, and law students to grow LegalMatch's Law Library into a comprehensive source of legal information, written in a way that is accessible to everyone. Prior to joining LegalMatch, Ken practiced Law for four years in San Francisco, California, handling a wide range of cases in areas as diverse as Family Law (divorces, child custody and support, restraining orders, paternity), Real Estate (property ownership, landlord/tenant disputes for residential and commercial property), Criminal Law (misdemeanors, felonies, juvenile, traffic infractions), Personal Injury (automobile accidents, ...