A civil litigation attorney represents clients in noncriminal legal disputes between individuals, businesses and government agencies. While courtroom appearances are part of the work, much of their time goes to research, case preparation and negotiation. Here’s a look at what McKinney civil litigation attorneys do at each stage of a lawsuit, and when you might need to hire one. Lucé Law, PC represents individuals and businesses in civil litigation matters throughout North Texas.
What Types of Cases Does a Civil Litigation Attorney Handle?
Civil litigation covers a wide range of legal disputes. Common examples include contract and business disputes, collecting past-due accounts or balances, wrongful death claims, defending individuals and businesses that are sued, employment claims and personal injury cases. Other matters may include property and landlord-tenant conflicts, construction claims, insurance disputes and fraud cases.
Many civil litigation attorneys focus on specific areas such as commercial litigation or personal injury, while others handle a wider variety of cases. In all types of cases, an attorney may represent the plaintiff bringing the claim or the defendant responding to it.
How a Civil Litigation Attorney Helps With Your Case
Depending on the case, an attorney may get involved before a lawsuit is filed, or step in after court proceedings are already underway. Every case is different, though an attorney’s main responsibilities usually fall into four areas.
Reviews the Dispute and Explains Your Options
When dealing with a dispute, a client often has many questions they want to ask a litigation attorney. During the initial consultation, attorneys can answer these questions and also learn what happened and who is involved. The attorney will then need to review any contracts, invoices, letters, photographs and other relevant materials. This information can be used to identify claims or defenses, and define the best approach to take in a particular matter, such as sending a demand letter or negotiating a resolution.
Investigates and Prepares the Case
The next stage involves gathering evidence to support the client’s claim or defense. This often includes interviewing witnesses, reviewing contracts and other records, and consulting experts. An early investigation helps an attorney assess the strength of the case and decide whether to pursue a settlement or file a lawsuit. If the case moves forward, the formal discovery process begins. Both sides exchange documents, answer written questions and take depositions, which are sworn statements recorded before trial.
Negotiates With the Other Party
Negotiation can happen at any point in a civil litigation case, but it often becomes more productive once each side has a clearer view of the evidence. The attorney negotiates with opposing counsel over settlement terms and may represent the client in mediation, a process where a neutral third party helps both sides work towards an agreement. A settlement might involve a financial payment, changes to a contract, or an agreement for one side to take or stop a particular action.
Represents the Client in Court
In some cases, a dispute cannot be resolved through negotiation and will proceed to trial. Before trial, a North Texas litigation attorney may need to file motions, attend hearings and prepare witnesses. At trial, they will need to make opening statements and closing arguments, question witnesses, and present the case to a judge or jury.
With an experienced attorney who knows how to properly handle these types of cases, the vast majority of civil cases are resolved prior to a lawsuit being filed or at mediation after a lawsuit is filed, often without a trial. When a jury trial or bench trial (trial before the Court) becomes necessary, civil litigation attorneys must have the competence and experience to present evidence and argue the case properly and effectively in court.
Speak With a Civil Litigation Attorney in North Texas
If you are involved in a legal dispute, our civil litigation attorneys can help you understand your options and decide what to do next. To discuss a potential claim or defense, contact Lucé Law, PC today. Call (972) 632-1300 or request a free legal consultation.
