Civil Litigation Lawyer
A civil litigation lawyer can provide the kind of legal expertise needed to resolve any kind of disputes that do not fall under the rule of criminal law, whether between individuals or organizations. When two neighbors have a problem with property boundaries, for instance, and they are not able to resolve their differences outside of court, then a civil litigation attorney will be hired to defend each position before a judge or jury. A final judgment will be reached that both parties will have to accept.
Businessmen will sometimes disagree on contract terms to such a degree that it takes an arbitrator or a lawsuit to settle their differences. A civil litigation attorney will have knowledge of the law and contract language that will allow him to interpret the contractual clauses so that a proper conclusion can be reached. Where there has been a breech of contract, he may be able to help the parties rectify the problems without actually filing a lawsuit. When that isn't possible, each party will hire a civil litigation lawyer who will know how to move forward with court proceedings to a conclusion.
When looking through the local phone book for a civil litigation lawyer, a person will undoubtedly notice that there are a large number of specialties that different attorneys have decided to pursue. For instance, when an employee feels there has been discrimination of some sort in the work place, there will be an attorney who is highly trained in that particular field of law. Local, state, and federal laws that govern conduct in the workplace can be complicated, so having an expert will help an employee get the compensation he or she deserves.
There is even a specialty for construction fraud cases, so if a person has had a home or building built and the builder has not met the contractual obligations, there is a civil litigation lawyer who will file suit against that builder. If the tables are turned, and the builder has done his part but the building owner has failed to pay for the job, then a civil litigation attorney will sue for his compensation. People on either side of any agreement can fail to do their part where integrity is lacking, so whichever side is in need of legal services will be able to get the help needed to receive justice.
Our system of laws is designed to ensure an atmosphere of honesty between people who wish to enter into agreements that will meet their mutual needs. Most of the time, the responsibilities of each party are clearly defined so that if either party breeches that agreement there are remedies for those failures to comply with the terms. Also, having a good attorney draw up the contract in the first place assures that all facets of the agreement are spelled out quite clearly, with little room for ambiguity. In spite of all these precautions, sometimes one party tries to cheat the other in some way, so a civil litigation attorney will be needed. Even in Scripture there are contracts between people, as this one in the Old Testament: "Hearken not to Hezekiah: for thus saith the king of Assyria, Make an agreement with me by a present, and come out to me: and eat ye every one of his vine, and every one of his fig tree, and drink ye every one the waters of his own cistern;" (Isaiah 36:16)
Usually, when a person dies and leaves behind a will, there is no reason for the courts to do anything but help the heirs to settle the estate. Sometimes though, a person has no will at all, and someone who would be a natural heir wants something from the estate that is also wanted by another, and a lawsuit is filed to settle the dispute. A lawyer who specializes in probate law will be required to untangle that kind of mess. Occasionally, even with a will there is dispute among heirs over funds or other items, especially if there is reason to suspect coercion took place before the person died. Parents who seemed to show partiality toward one child may cause serious difficulty in the settling of their estate(s) after their demise.
An automobile accident can also be the cause of a person hiring a lawyer. Even with insurance that covers most of the medical expenses and repairs, there are sometimes many more dollars out of a person's pocket to get life back to normal. A lawsuit may then be filed to recover those losses, and a civil litigation attorney will be hired to help with that. In the case of a person's life being lost, the family may find it necessary to sue the other party for damages that will cover lost income as well as property damage.
A civil litigation lawyer obviously has an important place in our society. Especially since Americans sue one another more often than people in any other country in the world. Undoubtedly that is the reason so many of them have narrowed their practices to specialties rather than going into "general" practice.
Litigation Law FirmA litigation law firm usually specializes in business lawsuits, class action suits, environmental issues, healthcare disputes, insurance, and liability cases. They handle disputes between business partners, settle property disputes, and can help a client to avoid future disputes by looking over legal documents. Other topics that can involve the services of a litigation law firm are age discrimination, patent infringement, product liability, and pharmaceutical liability. An attorney can help companies to avoid legal issues that could result in expensive fixes and possibly lead to being closed down or subjected to fines. Some companies have lawyers on staff to help avoid any occurrence that could result in a future lawsuit. "Moreover if thy brother shall trespass against thee, go and tell him his fault between thee and him alone: if he shall hear thee, thou hast gained thy brother" (Matthew 18:15). Scripture suggests that finding fault with someone else should include trying to settle the matter directly with the person or persons involved first. This is the best way to bring peace in any situation. However, sometimes this does not work out so an individual should be prepared to use the legal system to resolve disputes when nothing else works.
Civil lawsuits can involve a variety of topics including trade secret issues, debt settlement, personal injury, and business issues. Civil suits can involve disputes that involve businesses, individuals, non-profit organizations, and private law. A litigation law firm handles cases such as individuals suing insurance companies or individuals for medical injuries or other types of fault or negligence. These types of cases are normally decided by a jury. An attorney specializing in personal injury will investigate all the variables to find out if there is fault.
Doctors are often sued because they may be blamed for the death of a loved one. A litigation law firm represents those who sue others because they believe that a person or professional was negligent for one reason or another. Attorneys in this field have the training to handle cases like this sufficiently. Many have experience in doing so and often win many of their cases. Some lawyers will not represent others unless they have a legitimate case because there are people who will sue because of greed. Doctors usually have a large amount of liability insurance and have to pay outrageous premiums to protect themselves in case of lawsuits.
Class action lawsuits often consist of individuals who feel that a company has caused them to become ill or caused them suffering. This could be against a pharmaceutical company or a business that manufactures something where chemicals in their products can affect the employees. A litigation law firm often takes on these types of cases and may even advertise on television or the Internet for anyone who might have been harmed due to the negligence of someone else. These have probably been seen by others due to recalls on drugs and products that have found to be harmful. When a company is targeted for blame because people may have suffered harm it can lead to other people wanting to benefit from the outcome especially if it is something that can affect others such as a chemical in a product that is used in homes, and so on.
Trade secret issues that result in lawsuits can include patents where individuals have invented something or have a formula for cosmetics or some other type of product that another person or company has copied without permission from the person who holds the patent. A litigation law firm will examine the legal documents that name the individual or company who owns it. Cases for trade secrets and patents may very well be open and shut cases if the company owning the patent can show that the other party has stolen it or used it without permission. This can include pharmaceutical drugs that are allowed to patent the formulas for the drugs they create.
Business lawsuits can be limited or prevented by making sure all agreements are in writing, agreements are perused by an attorney for legality issues, that adequate insurance covers any type of possible liability to the company, and that customer complaints are taken seriously and handled immediately. A litigation law firm can help a business to avoid legal issues by looking over all business agreements and making sure that all issues are covered between parties. They can provide valuable insight into how to make sure that everything that has to do with operations is legal and can provide advice on any future changes that a company may decide to make. Customer complaints and employee complaints handled speedily and legally can help a company to avoid lawsuits.
Environmental issues can be expensive to settle for companies who do not consider them beforehand. A company that produces products or services where harmful chemicals and toxins are used should make sure that they hire a litigation law firm to handle these delicate types of issues. Some sources say that many companies who manufacture products or perform services that could hurt the environment have been heavily fined for doing so. They often have to invest in expensive equipment to limit the exposure of toxins in the environment and this could even lead to being shut down temporarily or even permanently. The best way to handle any type of questionable occurrence that could result in legal issues is to have an attorney on staff that can help protect a company from problems that could happen and do happen.