Sunday, June 24, 2007

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.

http://www.christianet.com/lawyer/civillitigationlawyer.htm