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Are you in need of legal representation for a civil dispute? If so, you may wonder what a civil litigation attorney does and how they can help you.
A civil litigation attorney is a lawyer who specializes in handling civil disputes, such as contracts, personal injury cases, and property disputes, through the legal system. Whether you are the plaintiff or defendant in a civil case, a skilled Houston civil litigation attorney can provide valuable guidance and representation to help you achieve a favorable outcome.
Civil litigation is a broad practice area involving a legal dispute outside of criminal allegations, where one party is seeking monetary damages or a specific level of performance.
These disputes may arise over any of the following:
Under the umbrella of civil litigation, a “tort” is any act of wrongdoing resulting in loss or harm suffered by another person. A “petition” is a legal document or pleading requesting a court order, while a “complaint” sets the civil case in motion. The monetary award sought for the loss or injury is called “damages,” and an information-gathering meeting involving witnesses, but conducted outside the courtroom, is known as a “deposition.” When a lawyer presents a written legal document to the court that explains why one party should win the lawsuit over the other, this is known as a “brief.”
A civil litigation attorney represents either the plaintiff (the person or entity with the damages who brings the claim or lawsuit) or the defendant (the person or entity defending against the claim or lawsuit).
Civil litigation attorneys usually have experience in a specific area of civil litigation, i.e., divorce lawyers, medical malpractice lawyers, personal injury lawyers, or business lawyers. Some will handle cases in two or three different areas of civil litigation. This gives civil litigation attorneys a more comprehensive knowledge of their specific practice area.
A divorce attorney is engaging in civil litigation because, quite often, the spouses each want a different outcome to the divorce concerning assets, spousal support, child support, and child custody. Malpractice and personal injury lawyers represent those injured due to the negligence or carelessness of another individual or entity. Malpractice claims center around mistakes made by medical professionals or lack of adequate care by a medical professional that resulted in injury to the plaintiff.
Personal injury attorneys often represent those injured in an automobile accident, a slip and fall accident, a dog bite injury, or someone injured in a construction accident. When a person dies following a personal injury or medical malpractice injury, the claim turns into a wrongful death claim. The loved ones of the decedent (or the executor of the estate on behalf of those loved ones) will sue for damages, including funeral and burial expenses, lost future earnings, loss of consortium, loss of care and companionship, or loss of household services.
A civil litigation lawyer will interview clients, gather evidence, construct a strategy, draft formal complaints or claims, conduct depositions, and draft motions. The civil litigation attorney will usually negotiate for what their client wants. In most cases, civil litigation claims end in a negotiated settlement. If no reasonable settlement can be negotiated, the case will go to court, and a judge and/or jury will determine the outcome. A civil attorney must be a great negotiator and an experienced, highly skilled litigator. When a case goes to trial, the civil attorney must investigate and argue in court while also being able to handle an appeal, jury selection, and court appearances.
A civil litigation attorney generally focuses on people, property, and relationships. Due to the nature of the job, a civil litigation attorney must have exceptional conflict resolution abilities, interpersonal skills, and substantial knowledge of procedural law. They must quickly synthesize complex facts while building a legal strategy on your behalf that has the best chance of success.
While most cases for a civil litigation lawyer involve disputes, in some cases, a client may simply need legal advice in areas such as estate planning, real estate transactions, tax laws, immigration, and more. While few civil cases will settle from a trial, a civil litigation attorney must always be prepared as though the case is going to trial. If another party is taking legal action against you, or you wish to take legal action against another person, consulting a civil litigation attorney is your very best course of action.
At Pathways Property Lawyers, our Houston civil litigation law firm is here to answer all your legal questions and help you protect your rights. Call us at 832-364-6234 or fill out our confidential contact form to learn more about your legal options.
Thomas H. Smith III was born and raised in Arlington, Texas. He graduated from Texas A&M University in 2002 with a degree in Chemistry and a minor in Mathematics. He then attended the University of Houston Law Center where he served as an Articles Editor for the Houston Journal of International Law.
Tom began working at Roger G. Jain & Associates as a clerk in February 2004. When he graduated from UH Law Center in 2005, he continued here as an attorney, where he has worked through today. He is a trial lawyer, whose insight, analysis, and attention to detail have helped the firm obtain its favorable results. Read more here.
At Pathways Property Lawyers, our Houston attorneys are here to answer all your legal questions and help you protect your rights regarding personal, business, commercial or investment properties. Call us or fill out our confidential contact form to learn more about your legal options.
Our law firm has considerable experience in Texas real estate law. We advise our clients on issues related to real estate transactions and litigation throughout Southeast Texas. In addition to real estate, our Houston lawyers have experience in other related areas of law, such as family law, business law, estate planning and probate. This allows us to assist clients with all related legal issues, and to take an holistic approach to your specific matter.
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