A civil lawsuit or civil litigation is the court-based process through which a person or entity can seek to hold another person or entity liable for some type of harm or wrongful act. This legal process allows you to present a case in Court in which you may seek compensation for the harm done to you. And it can be brought by anyone. The burden of proof is “lighter” in a civil case, in other words it is decided on evidence and on the balance of probability. If you lose in a civil case typically you will pay in dollars rather than in time behind bars.
To go forward with a civil lawsuit, you’ll need to find a civil litigation lawyer in Sydney that holds high credibility and experience. Before you do, however, you need to know the essential characteristics of a good civil lawyer.
➢They need to work on cases that deal with equality, human rights, cultural freedom and discrimination.
➢Your lawyer needs to be a critical thinker that holds an adequate amount of analytical reasoning. With an ability to negotiate, they should also be able to use all legal research and case management software so that the two of you can stay updated with the status of the work at all times.
➢Should hold a wealth of knowledge within the fields of substantive and procedural law.
➢Should be technical: Knowing the law.
➢Should have the right Attitude: Ready to make that extra effort to help you win your case.
➢Should be dedicated and focused to help you win your case.
➢Should be strategic, pro-active and able to think ahead.
➢They should hold complete authority over their oral, communication and written skills.
➢Finally, should have commercial awareness to put your best legal interests ahead at all times.
You’ll no doubt be able to find the right lawyer at Eden King Lawyers; one that understands the concept of the case and is able to figure out the right strategy needed, whilst continuing to work on the case with complete transparency. More often than not, some lawyers fail to provide precise or correct details of the case to their clients, leaving one in a state of needless anxiety due to the lack of transparency. However, we work to provide all our clients with the services they need.
While dealing with a civil lawsuit, the main point of concern lies with the lawyer you end up choosing. However, it never hurts to know more about the types of civil litigation cases that a court tends to deal with. It can help you understand where your case stands in court and whether it’s worth it in the first place. Certain lawyers will allow you to know the probability of your win in court beforehand, allowing you to truly consider your stance. To know where you stand before you take legal advice can help both you and your lawyer since you’ll begin the conversation on common ground.
You can begin by knowing the general protocol of civil litigation:
➢First comes the investigation. Every civil lawsuit first needs a thorough investigation to make sure that the claims being made are true and supported by evidence. Some lawyers might even work with private investigators to get to the root of the case.
➢After the initial stage is followed through with, next comes the pleading. Both sides go forward and file their respective pleadings which contain all the information they hold on the case. The most important part of this is the complaint, which comes from the plaintiff, reviewing all the damage caused and other facts of the case.
➢After the information has been received, the gathering allows both sides to formally exchange their information during the process of discovery. All evidence and list of witnesses are included in this directory.
➢Then the pre-trial stage which occurs before the two respective parties go to court. Through conferences and negotiations, if the settlements provided seem fair, there is no need to go any further. This stage can help solve most cases, avoiding the requirement of a trial in the first place and costs associated with it. A good lawyer will be able to advise you on the offer of settlement so you get the peace of mind of knowing where you stand.
➢If the case isn’t solved during the conferences and negotiations, however, next comes the trial. This allows both parties to address their case formally in court, with the help of both evidence and witnesses. The respective lawyers go against each other to come to a satisfactory conclusion. Going to a trial can be an expensive exercise and it is not for the faint hearted. Litigation is always uncertain and that is why you need us on your side.
➢Following the trial, the settlement is made by the judge. If you are not satisfied with the outcome of the settlement, you can choose to appeal against the judgement with the help of your lawyer. Needless to say, an appeal may tend to move much faster than a normal case due to all the preparation you already hold.
Our civil lawyers deal with all cases of civil dispute nature like cases of property disputes, torts, complaints against the city (public property or even the federal government), class action cases and more. However, it is important to remember that your civil lawyer is not the same as a family lawyer in Parramatta. Family lawyers only deal with cases of child custody, divorce and alimony. We are different from the rest and we are dedicated to help you win your case.