Wednesday, April 29, 2020

Civil law: what it is and how it affects you



Civil law is one of those topics that many people don't know much about (no, watching those court television shows is not a substitute for learning what civil law is), and yet it affects them every day. If you are ever involved in litigation, you may need to hire a civil attorney.

What is civil law anyway?

Civil law deals with the resolution of disputes. This covers a wide range of specific areas, and civil attorneys (also known as litigants) generally specialize in one or two practices. A civil defense attorney can be found in the courtroom to represent a defendant in a medical malpractice lawsuit and the next day they could resolve a dispute related to environmental law.

Think of it this way: Many centuries ago, you could have witnessed two champions, each selected by someone involved in a dispute, fighting each other. The champion who won the fight essentially won the dispute for the person who hired them. These champions, assuming they survived, could have worked for someone else who had to resolve an entirely different dispute.

Today's litigants operate in a very similar capacity, but without the literal bloodshed and noise of weapons on shields. Please note that civil law refers to matters that do not include criminal charges such as murder, armed robbery, arson, etc. That is the kingdom of the criminal lawyer.

Under what circumstances should I hire a civil defense attorney?

Before you start calling and sending emails, it is best to try to understand exactly what a civil law attorney does at work.

Civil attorneys represent clients in trials rather than criminal trials. In general, a lawyer will not practice civil and criminal law. A victim has to hire their own civil lawyer, which means that they are not entitled to a court-provided lawyer in a Civil case.

If the litigation involves the money at stake, you want a civil lawyer. You won't go to jail if you lose a civil lawsuit, so stick with a litigator. (Speaking of which, a civil attorney can represent defendants or plaintiffs.)

You may have heard the term "insurance defense attorney." This refers to an attorney who specializes in representing defendants in civil cases related to insurance claims. They are often hired by insurance companies to represent a company or individual who has been sued for a claim covered by an insurance policy.

If you are looking to fight a court order, a court order that prevents the defendant from engaging in a certain activity, you will want to obtain a civil law attorney.

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