What Is a Civil Litigation Attorney?
The concept of a civil litigation attorney comes from English Common Law and was later brought over and adopted in the United States. A civil litigation attorney is a lawyer who represents a party in matters such as personal injury, landlord/tenant disputes, motor vehicle accidents, negligence, contract or products liability. Civil litigation occurs when a party is seeking to recover money damages or specific performance from another party. A civil litigation attorney can help a person recover injuries caused by another party, and he can be a useful resource for anyone looking to recover capital or place an injunction on another party. Many civil litigation attorneys specialize in certain areas, such as contractual law, personal injury or class action lawsuits.
History of Civil Litigation and Civil Litigation Attorneys
The concept of civil litigation began in late medieval England. At the time there was a need to separate crimes against the state--criminal matters--and injuries caused to individuals--civil matters. This area of law is also called "tort law." (Tort is a Latin term that translates to "twisted.") With the growth of tort law in England, there also grew a need for attorneys who specialized in this area. Enter: the civil litigator.
Functions of a Civil Litigation Attorney
When you retain a civil litigation attorney, he will examine your case and determine whether or not you have a claim. The attorney will file the complaint and represent you in court. Typically, things such as money damages will likely settle before trial.
Benefits of Hiring a Civil Litigation Attorney
By retaining a civil litigation attorney, a party will be able to consult and discuss the legal issue with counsel. Hiring a civil litigation attorney can relieve a lot of stress because the attorney will be managing and litigating your case. An attorney will ask you whether you want to settle or go to trial, meaning that ultimately you are still in control of your case's direction. Also, many attorneys work off of a contingency fee basis, meaning you don't have to pay them unless you win your case or you settle. A typical contingency fee is 33% of the amount recovered.
Attorney-Client Privilege
Once you speak to an attorney about your situation, an attorney-client privilege is created. This means that the attorney cannot speak about what you two discussed in private. Furthermore, at trial, an attorney cannot testify to any information that arose during the attorney-client privilege. This privilege continues even after the period of representation has ended.
Misconceptions of Civil Litigation Attorneys
Many people believe that civil litigation attorneys are out for themselves, are swindlers or are "ambulance chasers." This might be true for some, but not all. Many attorneys receive satisfaction in helping other people who might not necessarily know their own legal rights. An attorney must represent a party with zeal and competence. If a civil litigation attorney violates this rule, he can potentially be sued for malpractice.
Conclusion
A civil litigation attorney can be a great asset to someone who is looking to recover money damages or prevent or force a person to act in a certain way. A civil litigation attorney can help a party through the legal process, which can be intimidating to a layperson. Take care in finding a civil litigation attorney who best fits your needs. You don't need to retain the first attorney you talk to. Hire the civil litigation attorney whom you feel will best represent you and your interests.
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