The meaning of civil litigation refers to the legal process of resolving non-criminal disputes between two parties through the court system. It’s the legal mechanism society uses when parties cannot reach an agreement on their own. Civil litigation begins when one party (the plaintiff) initiates a civil action by filing a complaint against another party (the defendant), and it continues through various stages until a resolution is reached. These stages can include pleadings, discovery, trial, and potentially appeal, each governed by specific procedural rules.
In simpler explanation, civil litigation is the process to resolve legal disputes between individuals, businesses, or organizations that don't involve criminal charges. When these conflicts cannot be settled through negotiation or mediation, they often proceed to court.
This is where civil litigation attorneys become essential. These legal professionals specialize in representing clients throughout the complex process of resolving disputes through the civil court system.
Types of Civil Litigation
Civil litigation covers a wide range of disputes, and understanding these can help you navigate the legal process more effectively. Some of the most common types are:
Employment Disputes
Conflicts between employers and employees regarding workplace rights and responsibilities. These cases can include wrongful termination where an employee believes they were fired illegally, discrimination based on protected characteristics like race or gender, sexual harassment, wage and hour violations where workers aren't properly paid, or retaliation against whistleblowers.
Contract Disputes
Contract litigation resolves disagreements when parties who entered a legally binding agreement believe the other side failed to fulfill their obligations. These cases examine whether a valid contract existed, what specific terms were agreed upon, and how those terms should be interpreted. Common issues include non-payment for services, failure to deliver promised goods, substandard work performance, or disagreements about contract interpretation.
Tort Claims (Personal Injury Law)
Cases where someone has been physically or emotionally harmed due to another's negligence or intentional actions. These cases involve car accidents, slip and falls, medical mistakes by healthcare providers, injuries from defective products, or workplace accidents. The injured party seeks compensation for medical bills, lost wages, pain and suffering, and other damages resulting from their injuries.
Property Disputes
Property litigation handles conflicts related to land, buildings, and associated rights. These cases might involve boundary disputes between neighboring properties, landlord-tenant conflicts over lease terms or living conditions, construction defects in new buildings, property damage claims, easement rights disputes, zoning violations, or homeowners association conflicts.
Family Law Matters
Family litigation aims to establish fair arrangements that protect children's best interests while equitably resolving the legal ties between family members. It deals with the legal relationships between family members and domestic partners. These cases include divorce proceedings to end marriages and divide assets legally, child custody determinations about where children will live and who makes decisions for them, child and spousal support payment amounts, adoption procedures, guardianship appointments for minors or incapacitated adults, and domestic violence protection orders.
Commercial Disputes
It involves conflicts between business entities or within a single organization. These cases may include partnership disagreements about company management or profit distribution, shareholder lawsuits against corporate directors for alleged misconduct, business-to-business conflicts over failed transactions, unfair competition claims, debt collection issues, or insurance coverage disputes.
Intellectual Property Disputes
Center on protecting creative works, innovations, and business identities from unauthorized use. These cases involve patent infringement when someone uses another's invention without permission, trademark disputes over brand names or logos that might confuse consumers, copyright violations when creative works are used without proper licensing, or trade secret theft when confidential business information is improperly acquired or used.
Each area of civil litigation involves different laws, procedures, and strategic considerations. Many civil attorneys specialize in one or more of these areas, developing deep expertise that enables them to provide advice and the best representation on behalf of their clients.
Definition of Civil Litigation Terms
- Action - A legal proceeding brought by one party against another through the court system.
- Appeal - A request made to a higher court to modify or reverse the decision of a trial court.
- Brief - A written statement submitted to the court by the lawyer of each party, presenting legal arguments, relevant facts, and supporting evidence.
- Defendant - The person or entity being sued or accused in a civil lawsuit.
Plaintiff - The person or entity that initiates a lawsuit by filing a complaint against the defendant. - Pleadings - Written statements filed by each party in a lawsuit that outline their claims, defenses, and legal positions.
What is a Civil Litigation Attorney?
A civil litigation attorney, often referred to as a litigator, is a legal professional who specializes in representing clients throughout the entire legal process involved in pursuing or defending a civil lawsuit. They serve as advocates on behalf of their clients, using their knowledge of legal procedures, rules of evidence, and substantive law to present the strongest possible case.
Civil litigation attorneys undergo extensive education and training to prepare for their role. They must first obtain a bachelor's degree before earning a Juris Doctor (J.D.) degree from an accredited law school, which typically takes three years to complete. After graduating, they must pass the bar examination in the state(s) where they wish to practice.
Many also pursue additional specializations or certifications in specific areas of civil law, such as personal injury, employment law, or intellectual property disputes. Some may even become board-certified specialists, a designation that demonstrates expertise in a particular field of practice.
The Rise of Remote Litigation Services
The legal profession has traditionally relied on in-person interactions, from client meetings to court appearances. However, recent technological advances and evolving workplace norms have accelerated the adoption of remote legal services. This shift offers many benefits for clients seeking civil litigation assistance.
At Remote Attorneys, we've embraced this transformation in legal practice by providing virtual litigation support through secure digital platforms. Our experienced virtual civil attorneys provide the same high-quality representation you'd expect from traditional law firms, with added convenience and accessibility. Contact Remote Attorneys to learn more.
