Real Estate

Civil law: what it is and how it affects you

Civil law is one of those topics that a lot of people don’t know much about (no, watching those courtroom TV shows is no 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 dispute resolution. This covers a wide range of specific areas, and civil lawyers (also known as litigators) usually specialize in one or two practices. A civil defense lawyer may be in the courtroom representing a defendant in a medical malpractice lawsuit and the next day could be dealing with a dispute related to environmental law.

Think of it this way: Many centuries ago, you may have seen two champions, each selected by someone involved in a dispute, fighting against each other. The champion who won the fight essentially won the match for the person who hired him. These champions, assuming they survived, could have gone to work for someone else who had a completely different dispute to settle.

Today’s litigants act in much the same capacity, but without the literal bloodshed and the clang of guns against 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 realm of the criminal lawyer.

Under what circumstances should I hire a civil defense attorney?

Before you start calling and emailing, it’s best to try to understand exactly what a civil law attorney does at work.

Civil attorneys represent clients in lawsuits rather than criminal trials. In general, a lawyer will not practice both civil and criminal law. A victim must hire her own civil attorney, which means that she is not entitled to a court-provided attorney in a civil case.

If the dispute involves money at stake, you need a civil attorney. You won’t go to jail if you lose a civil suit, so stick with a litigator. (Speaking of which, a civil attorney can represent both defendants and plaintiffs.)

You may have heard the term “insurance defense attorney.” This refers to a lawyer who specializes in representing defendants in civil cases involving insurance claims. They are often hired by insurance companies to represent a business or person 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 a defendant from engaging in a certain activity, you will want to get a civil law attorney.