What is Civil Law
The legal category of civil law applies to a broad range of issues. It encompasses nearly every other area of law under the sun: contract disputes, business disagreements, personal injury cases and family law matters. When the rights or obligations of one party are at stake due to the actions of another, it falls under the purview of civil law. Because it can include such a wide range of issues that impact both individuals and businesses, it is a good idea to be somewhat familiar with how civil law works. Because of the sheer size and scope of civil law, the issue is very complicated. Even though there are a number of different practice areas associated with civil law, they all share a few things in common. First, civil law deals almost exclusively with actions that a person decides to undertake, those which have been set into motion through the actions of an individual, which means civil law is primarily case law . Second, the entire jurisdiction of civil law is rooted in statutes that are written into the law. It can be a little confusing because there are some elements of civil law that are linked to administrative codes, which are separate from state and federal statutes. For the most part, the decisions made in civil court are not made in a vacuum, but rather as a direct result of interpretations of specific statutes. Finally, civil law cases are decided through litigation or some other form of alternative dispute resolution. For example, a court may agree to settle the dispute through arbitration rather than sending the issue to trial. In many cases, the court will push the parties in dispute to try and reach a settlement outside of the traditional courtroom process, first through mediation and, if that fails, arbitration.
Key Traits of an Effective Civil Law Attorney
When searching for the best civil law attorney near you, consider the following essential qualities:
Experience: With regard to legal experience, the rule is not only how long the lawyer has been practicing, but the breadth as well. A proven track record in handling cases in the relevant area of practice, and appeal is an important factor as well. Online reviews and any recommendations from past clients are also relevant.
Reputation: When selecting an attorney, you can often tell their reputation by the companies they keep. Getting referrals to lawyers you are considering from trusted sources such as family or friends is helpful, as those opinions often carry weight. The reputation of the firm you are considering with judges and peers is also something to consider.
Communication Skills: It is important that attorneys be able to explain the legal process to clients, and be easy to access for questions and updates. If the lawyer seems scattered, distracted, incomplete or definably evasive about their experience or firm, it may be time to look elsewhere.
Specialization: Attorneys often specialize in one or two aspects of the law, so it is important to find out if the lawyer you are considering has extensive experience in the relevant area of law.
How to Research Local Lawyers
Every lawyer has a different level of experience and focus that makes them great in handling a particular type of case. A good place to start looking for a civil law attorney is by asking them about their experience. During your initial communication—over the phone or in-person—ask how many years of experience they have and what they focus their practice on.
Another way to research a lawyer is by looking at their online profile. Most reputable lawyers will have a web presence on sites like Avvo, LinkedIn, and Justia that will highlight their experience, background, and practice areas. Reviewing a lawyer’s page on these websites will help you get an idea of their experience and short areas of focus. It will help you further narrow down the list of potential candidates.
Looking for local law firm directories is another way to research lawyers to find the best fit for your needs. Websites like Martindale-Hubbell, FindLaw, Nolo, and Lawyers.com can help you find the type of lawyer you are looking for.
For an even quicker shortcut in research, ask your friends and family for recommendations. Trustworthy recommendations from people you are personally familiar with can go a long way. The most important thing in your experience working with a civil litigation attorney is feeling comfortable and confident in their ability to help with your case.
Even if you find a civil law attorney through a recommendation from a friend or family member, always be sure to read online reviews and testimonials. Fly-by-night lawyers often forgo creating an online presence to avoid having negative information indexed in a search engine. Review the lawyer’s website and online profile on sites that cater to legal searches such as Avvo, Justia, and Lawyers.com to see if they have positive or negative feedback from other clients.
How to Assess Experience and Win Rates
The evaluation of an attorney’s previous experiences and success rates when handling civil law cases is of vital importance. By reviewing these past performances, you can gain insights into the attorney’s expertise and areas of specialization in various civil law categories. An attorney’s internal history and case history weigh heavily in his or her proposal to represent your case. General practice attorneys may possess a more diversified experience level, but niche practice attorneys can sometimes indicate a stronger past performance and higher success rate in recent years.
An attorney’s track record is not always indicative of what you can expect if you select them to represent you. Sometimes, an exceptional winning rate in a specific area of civil law will be followed by an extraordinary number of losses in the following years. This is particularly common after an attorney wins a high-profile case as the losing party will often seek to overturn that verdict. With each motion to appeal, litigants will find grounds to challenge the court’s decision and the winning attorney will often be brought back in to try the case again, each time with diminished results.
An attorney’s former clients can be the best resource available for validating their ability and trustworthiness. Most places of business actively seek reviews online, and a civil law attorney is no different. Most likely, a client will be happy with his or her results or they would not have taken the time to post a review in the first place. Reviews from other clients can be invaluable to you when determining whether or not you should hire a particular attorney, as this feedback will be honest and unfiltered. Remember to take both the good and the bad with a grain of salt. You will encounter attorneys with exceptional reviews that could be too good to be true and some bad reviews that may hold more merit than the reviewer would like to admit. If an attorney has several negative reviews, it’s best that you steer clear of them.
Scheduling and Attending Visits
When it comes to scheduling consultations you should treat them the same way you would if you were going to inspect a car or a home for purchase. Make sure that you have only spoken to direct referrals and not the receptionist or paralegal. You should be able to ask the person on the phone the following questions:
- When do I pay for my initial consultation?
- If the consultation is free, am I required to sign any documentation?
- If I can’t get to your office is there any other way to consult with you?
It is important to confirm that you are receiving or paying for a free or paid consultation with the attorney and not the receptionist or paralegal.
You should have a list of questions prepared to ask the attorney. The questions will depend on each particular case. The purpose of these questions is to know how you should proceed. It is critical that you go to the attorney’s office prepared with your questions.
For example, a guy knows that he will probably be arrested soon. He doesn’t want a lawyer who is going to draw out the process; he simply wants someone who is going to get him out and not charge him a ton of money when he is broke. He was arrested a few years earlier , has a relationship with the judge and thinks he is probably going to be facing the same judge. His questions might be something like:
- Have you handled similar matters in this courthouse?
- Do you know the judge and prosecutor well?
- How much do you charge?
The guy who needs an eviction doesn’t have money so his questions might be something like:
1. If I can’t pay, will you take payments?
2. Is there a fee to file the eviction?
On your list of questions, you must include:
1. How do you charge for emergency matters?
2. What is the office policy for phoning the office with emergency matters??
While I’m on that subject, let me tell you that the attorneys who don’t speak directly with their clients and only handle matters by email are VERY BAD FOR YOUR CASE. Remember, if you don’t feel like you get along with your attorney in the first meeting, find a different attorney. You don’t want to be stuck with someone you don’t trust.
Sometimes attorneys will delegate the responsibility for another attorney in their firm. It is up to you to determine whether you want to work with someone who did not give you as much attention or whether you feel sufficiently secure with the rest of the firm.
It is your responsibility to check reviews and find an attorney who will help you with your matter. If you do not feel like you are getting all of the attention that you deserve, you need to search until you find the right match.
Fees and How Attorneys Charge
Understanding the cost of hiring a civil law attorney is essential in avoiding "sticker shock" once the bill arrives. As in any business, costs for civil law services vary widely depending on a number of factors such as the complexity of the case, location and the experience of the attorney. The two primary fee structures on civil law cases (outside criminal or family law) are hourly rates and contingency fees.
Hourly rates are charged based on the time the attorney spends on your case. An example is a simple civil lawsuit between two neighbor. The dispute is over a fallen tree that one neighbor refuses to pay for. You are sued and need to hire a civil court attorney to defend the suit. The attorney charges an hourly fee of $500 and takes on your case for a flat fee of $2,000. The attorney bills you at the end of the month and you see you were charged 2.5 billable hours, or $1,250, to prepare a short answer to the suit. This does not include the litigation fees which were included in the flat fee. Your initial $2,000 retainer is now consumed and you need to come up with additional money to avoid dismissal of your case. You have no money for the full fees to fight the case and you end up going it alone or bankrupting because of the defense of the lawsuit. There is another reason you may want to hire an attorney and that is to explore a settlement. Your case was dismissed or you lost and your neighbor sues you for their legal fees. You can counterclaim for your attorney’s fees if you had a settlement agreement and were forced to pursue collection of the settlement due to a breach of the contract. Now you have even more litigation fees and costs for that you need to pay as well.
Contingency fees are the other common fee structure for civil law. When it comes to personal injury, wrongful termination and harassment and other similar lawsuits, attorneys charge a contingency fee. This means you only have to pay the attorney’s fees if they win a monetary settlement or award on your behalf. For example, an attorney advertising a 35% contingency fee means you only pay the attorney if they win your case. If you win, you pay the attorney his or her fees plus expenses. How much you pay the attorney is contingent on the amount of money you receive. For instance, if you were awarded $100,000, the attorney gets $35,000. If you were awarded $20,000, the attorney gets $7,000. If you lose, you don’t pay the attorney anything.
How to Make Your Final Decision
After doing all of your research, it’s time to make that important final choice. It’s best to see how the potential attorney compares to other attorneys that you may be considering. Compare the experience with similar as well as dissimilar cases. Compare the personality of the attorney, and pay attention to how you feel about the relationship. Pick an attorney that you feel comfortable with , and whom you trust.
Once you have compared and evaluated all of the information you have been able to gather, strongly consider your gut feelings. Listen to yourself, and pay attention to your instincts. You should feel encouraged and excited when choosing an attorney who will take your case. You should feel that you selected an attorney that meets your specific needs.