The idea of civil litigation started during the latter years of medieval England. It was necessary to distinguish between crimes hostile to the government, actionable matters, and a variety of harms against individuals, civil matters. This part of the law is also known as “tort law.” Tort comes from a Latin word, torquere, ‘to twist’. With tort law increasing in England, there became a need for people who would specialize in this particular slice of the legal profession. Enter the civil litigator.
What Does an Attorney Do?
When you hire, or retain, legal counsel, he will take a look at your situation and decide if you have a justified claim. The lawyer will register the complaint and stand with you as your representative in court. Many times issues such as monetary damages will settle before the case even goes to trial.
What are the Benefits of Hiring an Attorney
By having an attorney work for you, you obviously will have someone knowledgeable with which to confer and talk over the legal aspects. Having someone manage the litigation of your case can make the whole process less stressful. A lawyer will find out if you want to resolve the case out of court or let it go to trial, giving you control of your case’s course. A good deal of attorneys work on a contingency basis. You don’t ante up unless you are victorious, or settle, your case. A usual fee is in the range of 33 percent of the total recuperated.
Once you’ve retained a lawyer and spoken to him regarding your circumstance, the attorney-client privilege has started. Once begun, the attorney cannot share with anyone about what you and he have talked about in private. Also, at trial, an attorney cannot testify to any information or knowledge that they became aware of during the attorney-client privilege. The privilege also remains in force after the attorney has ceased to represent you.
Many people have the idea that civil litigation attorneys are simply out for themselves, are crooks or “ambulance chasers.” These characterizations may be true for a small portion, but certainly not all. Many attorneys receive personal satisfaction in helping someone who may not have known their legal rights. Your attorney is required to represent you with “zeal and competence.” An attorney violating this principle, may find himself on the receiving end of a malpractice lawsuit.
A good attorney will be a tremendous asset for someone seeking to recover monetary damages or to force, or prevent, a third party from acting in a prescribed way. An attorney can guide you through the labyrinthian jungle which the legal affair can become. Exercise due diligence in finding, and hiring, an attorney that suites your needs. You don’t need to retain the first lawyer you meet Instead, hire the one with whom you are comfortable and feel will do the best job representing you and your needs.