Civil litigation refers to a legal proceeding in which there are no criminal charges or penalties. A civil case is a legal proceeding in which plaintiffs seek damages or compensation from the defendants if two or more people become involved in a noncriminal legal dispute.
In civil proceedings, the standard of proof is lower than in criminal proceedings. In civil cases, lawyers must satisfy the preponderance standard. This means that they must present more convincing evidence than their opponents to a judge/jury in order to win. 1 Prosecutors in criminal cases must also present convincing evidence, but they must prevail.
Role Of A Civil Litigation Lawyer
A civil litigation lawyer is also known as a “litigator” (or a trial lawyer). The role and responsibilities of a civil litigator can be complex and varied. This field requires lawyers who are willing to take on oppositional positions and embrace conflict and controversy. They are the client’s advocate and must fight for their clients to get the best outcome. This field is often dominated by lawyers and paralegals , who work long hours, particularly during trials. To practice litigation, certain essential legal skills are necessary.
- Understanding substantive and procedural laws.
- Advocacy skills that are both strong written and verbal.
- Analytical reasoning and logical reasoning skills.
- Ability to combine complex legal and factual material.
- Superior interpersonal skills.
- Software and legal research techniques.
- Client development skills.
- Negotiation skills.
Many litigation attorneys represent clients in a range of related proceedings. These include pretrial hearings, depositions, arbitration, and mediation. These processes aim to reach settlements without the parties having to spend time or incur the costs of going before a judge.
Mediation and arbitration are different in that an arbitrator listens to both sides and presents evidence before making a decision. Arbitration is supervised by a judge who makes a decision. Mediation involves a mediator engaging all parties and helping them to reach a mutually acceptable resolution to their dispute.
Education Requirements
To become a civil litigator, you must have a bachelor’s degree and pass the Law School Admission Test in order to be admitted to law school. Students typically take classes covering everything from employment discrimination, education, and family law throughout their studies. After obtaining their law degree, attorneys must pass the state’s bar exam to be eligible to practice law in their area.
Civil litigation covers a wide range of disputes. Litigators usually specialise in one or two areas. There are several common areas:
- Environmental law
- Landlord/tenant disputes
- Products liability lawsuits
- Personal Injury Claims
- Intellectual Property Disputes
- Construction liability lawsuits
- Medical malpractice lawsuits
- Employment and labor dispute
- Real estate lawsuits
- Antitrust litigation
- Workers’ compensation claims
- Education law disputes
- Divorce lawsuits
A typical civil litigation case: The life cycle
The stages of civil litigation are typically broken down into investigation, discovery, pleadings and pretrial proceedings. The longest and most labor-intensive phase of a case is usually discovery. Civil attorneys are not as busy as they appear on television.
A lot of the time spent by litigators is dedicated to the discovery stage. During this stage, information relevant to the case can be gathered through subpoenas, interrogatories and depositions. Interrogatories and deposits are questions that are asked under penalty of perjury by the parties to a lawsuit. A subpoena, or summons, is a summons requesting information or documents from third parties. Interrogatories can be written and deposition questions can be asked orally under oath.
Each stage of a lawsuit is not necessary. In fact, many do not pass through. Most lawsuits settle by agreement between the parties and do not reach the courtroom. Even after the jury has rendered a verdict or begun deliberating, parties can still settle during a trial. Parties can agree to certain aspects of the lawsuit or “stipulate”, while leaving the rest up to the judge or jury.
The entire process from the filing of documents with the court to start the case to its resolution can take from several months to many years.
Read More About What A Personal Injury Lawyer Do And Why Is It Beneficial to Injury Lawyer?
Also Check How Bus Accident Lawyer Help You After Bus Accident | Bus Accident Attorney
Frequently Asked Questions:
Q. What does a civil attorney do?
The term litigator is more commonly used to describe civil attorneys. This group of professionals focuses primarily on civil lawsuits , but they can also participate in arbitration or mediation processes. These trials and other processes can take place outside of the courtroom.
Q. What does civil litigation deal with?
The process of resolving an legal dispute between two or more people (individuals, business entities) is called civil litigation. It involves seeking compensation in the form of money for damages or specific performance that was not rendered .
Q. What is the difference between a lawyer and a litigator?
A lawyer is a general term that refers to a group of lawyers who are licensed and qualified to practice law. A Litigator is also known as a trial or courtroom lawyer and focuses on representing the client in court. A Litigator is a lawyer who prepares and presents arguments to a court of legal.
Q. How much do civil lawyers make?
The salaries for Civil Rights Lawyers in America range from $11,754 up to $311,970, with a median of $57,009 The median salary for Civil Rights Lawyers in the US is $57,009 to $141,857. The top 86% earn $311,970.
Q. Why did you choose civil litigation?
You can also learn a variety of skills through litigation. Researching obscure or difficult areas of law is often necessary. You will be able to communicate clearly and effectively with others wherever you go.
