Civil Lawyers

In the legal world, as it relates to everyday people, there are two types of case, civil cases and criminal cases. In a criminal case the legal action will be taken by the state against an individual or a company. In a civil case the action will be taken by one individual/business against another. If you need representation from a lawyer here then you will use one with relevant civil law experience.

So, for example, if you are accused of murder you will be prosecuted by the state in a criminal court case. But, if you are being sued by an individual who was injured in a car accident which was your fault then this would be a civil case and the state would not be involved. The case here would be initiated by the injured individual (the plaintiff) against you as the car driver (the defendant). Civil cases will most often result in a judgment which involves a ruling in favor of one of the sides in question and compensation may be awarded to the side that wins the case.

It is thought that our present day civil law systems originated from the legal systems of the Romans. Here, the aim was to put a legal system in place that protected the rights of individuals and that gave them the right to take action on their own behalf if they felt that they had been wronged.

Unlike a criminal lawyer a civil lawyer will not necessarily work on cases where a punishment is imposed in the traditional sense. A murderer that is found guilty in a criminal case, for example, is likely to be given jail time. The earlier case of the car accident victim making a civil case against you is more likely to result in compensation which you (or your insurance company) will have to pay to the victim if the case finds in their favor.

Some lawyers can work on both civil and criminal cases whilst others may choose to only specialize in civil legal work. A lawyer working on a civil case may well have some experience of taking cases to court but may also spend much of his/her time trying to resolve civil cases before they get to a court via mediation and dispute resolution services, for example.

The types of fees charged by civil lawyers can vary. Some, for example, will take a traditional charging route where you pay a retainer up front and then pay your lawyer's fees when the case is done. These remaining fees are usually charged by the hour and/or on the basis of the work that the lawyer takes on on your behalf.

Nowadays, however, it is becoming increasingly common for civil lawyers to work on a contingency fee basis. In this kind of scenario the lawyer will take on your civil case for free. If you win compensation from your case then you will pay a percentage to the lawyer that you used. If you lose the case then you will not have to pay them anything.

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