CIVIL LITIGATION

Civil Litigation
Alternate Dispute Resolution
Finding an Attorney
Paying an Attorney
What to Expect

Civil Litigation

Civil litigation as opposed to criminal law encompasses many broad areas of law. It includes everything from a simple personal injury claim to copyright infringement. While many disputes can be resolved before a lawsuit is filed, sometimes this is not possible. You should consider contacting an attorney as soon as you believe that legal assistance may be necessary. Contrary to what many people believe, involving an attorney early on may actually help resolve disputes and reduce expenses.

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Finding a Lawyer

Finding a lawyer to represent you can be difficult. No one lawyer can be an expert in all areas of civil law. Still, your attorney must have a broad understanding of many different areas of law in order to recognize potential problems that may need consideration. Whether the issue is an automobile accident, personal injury case, or an employment or business matter, your attorney must have the knowledge and experience that will enable him or her to analyze your case and competently represent you. You need a lawyer who is competent, professional, and willing to listen. You need an attorney who understands your needs, and who will help you attain them.

Many people prefer a single attorney to represent them, one with whom they are familiar and comfortable. This often works best with a smaller firm. An attorney with a small firm may be able to provide you with assistance on a wide variety of matters at a lower cost than a large law firm. This is because many larger firms have higher overhead, many attorneys with numerous paralegals, secretaries and other assistants, all of whom must be paid. On other hand, in a smaller firm, one or two attorneys may be able to handle your case with a smaller support staff. The result is more personal service at a lower cost.

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Attorney Fees

Attorney fees in civil litigation cases vary greatly. Several methods are commonly used in paying attorney fees. These include: (1) contingent fee arrangements, (2) hourly rate billing, and (3) flat fees.

Contingent fee agreements generally are based upon a percent of the amount recovered, either from a trial or settlement negotiations. This type of fee arrangement is most commonly used in personal injury cases, such as automobile accidents.

In an hourly rate billing arrangement, the attorney keeps track of her hours, and charges the hourly rate for all billable time. The hourly rate that is based upon factors such as the number of years in practice, the expertise an attorney possesses in a particular area of practice, and the rates that other attorneys charge for similar work.

Finally, an attorney may charge a flat fee for performing some services. These may include preparing a letter, creating a will, or other one-time services.

You should discuss the particular fee arrangement with an attorney before you hire her to represent you. It is also important to remember that attorneys often incur costs or expenses that are in addition to the attorney fees. These may include such things as copy costs, fees for filing with the court, and litigation expenses. In most cases the client is responsible for all costs and expenses.

You can save some expense by gathering documents yourself, providing complete information to your attorney, and efficiently utilizing your attorney. However, she must be actively engaged in all elements of your case and its preparation.

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What to Expect

You should expect that your attorney ask in-depth questions necessary to evaluate your situation. Your attorney should zealously advocate your position. You should receive a copy of all important correspondence and other documents. You should also receive occasional status reports on your case.

Litigation may be lengthy, difficult, and time consuming. It is important that you have a qualified attorney at your side, who can guide you through this process. With the assistance of a qualified attorney, your legal problems can usually be resolved in a satisfactory manner.

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Alternative Dispute Resolution

Abraham Lincoln wrote: "Discourage litigation. Persuade your neighbor to compromise whenever you can. As a peacemaker, the lawyer has a superior opportunity to be a good man. There will be business enough."

Be aware that alternatives to litigation exist. There are alternative dispute resolution ("ADR") procedures that many litigants should consider. These include collaboration, arbitration, mediation, and summary trial, which often result in the least burden upon the client. At the same time, ADR allows the parties to reach a fair outcome, while minimizing expenses and inconvenience. A resolution that is fair, reasonable, and cost effective can often be obtained without prolonged litigation. When you must have a continuing relationship with an adversarial party, alternative dispute resolution may well be the best available option.

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