Defending Your Rights: The Role of a Civil Litigation Attorney in Texas
Have you ever found yourself in a situation where you needed to take legal action against someone? Civil litigation can be a complex and overwhelming process, whether it’s a dispute with a business partner, a contract disagreement, or a personal injury claim. This is where a qualified civil litigation attorney can help.
A Houston civil litigation attorney can help you navigate the complex legal system during a dispute. From the pre-litigation phase to the trial and appeals process, your attorney will guide you every step of the way.
What is a Civil Litigation Attorney?
A civil litigation attorney represents clients in non-criminal disputes or lawsuits. They handle a wide range of cases, such as breach of contract, personal injury, property disputes, employment law, and family law.
The Role of a Civil Litigation Attorney
Civil litigation attorneys are responsible for handling every aspect of a civil case, including the initial investigation, drafting legal pleadings and motions, conducting discovery (the process of gathering evidence), negotiating settlements, and litigation in court.
- Initial Consultation with Client. Before you hire a civil litigation lawyer, they’ll want to meet with you to discuss your case. This initial consultation will help them review the facts of your case so that you can explore your legal options together.
- Investigating the Case. Once you’ve hired an attorney to represent you, your lawyer will begin investigating your case. The pre-litigation investigation occurs before a lawsuit is filed. The goal is to gather evidence to determine whether your civil claim has merit and prepare for litigation if necessary. This investigation may involve gathering documents, interviewing witnesses, and conducting background research.
- Drafting Pleadings. Your civil litigation lawyer will then draft pleadings and motions, such as complaints, answers, counterclaims, and motions to dismiss. This is a critical part of winning your case.
- Discovery Process. The discovery process occurs after your attorney files a civil litigation lawsuit. This process facilitates the exchange of information between the parties. It is a formal process of gathering evidence that allows both parties to obtain information relevant to the case.
- Settlement Negotiations. The negotiation process is an essential part of all civil litigation lawsuits. A civil litigation lawyer will attempt to resolve your dispute by reaching an agreement with the other side. When you choose a civil litigation lawyer, you’ll want to choose an attorney with success negotiating and litigating these types of cases. If a settlement cannot be reached, the case will proceed to trial, where a judge or jury will decide the outcome of the case.
- Trial Preparation. Trial preparation is a critical part of the litigation phase of a civil lawsuit. It involves organizing evidence, preparing witnesses, drafting trial briefs, and developing strategies to win your case.
- Jury Selection. Lawyers from both parties must select a panel of jurors to hear the evidence and decide your case. Your civil litigation attorney will play an important role in jury selection. They must identify impartial jurors who will objectively evaluate the evidence presented at trial.
- Presentation of Evidence. Civil litigation attorneys for both sides will introduce evidence through witness testimony and the submission of documents or other physical evidence. How your attorney presents evidence will
- Legal Arguments. Legal arguments are presented through oral and written submissions, such as trial briefs and motions. Compelling legal arguments require a thorough understanding of Texas civil laws and the facts of the case, as well as the ability to present a clear and persuasive argument to the judge or jury. A skilled Texas civil litigation attorney will use a variety of tactics and strategies to present their legal arguments effectively and challenge the legal arguments presented by the opposing party.
- Appeals Process. The appeals process in the post-trial phase of a civil litigation lawsuit allows the losing party to challenge the trial’s outcome and seek a reversal or modification of the decision. Having a civil litigation attorney on your side during appeals is critical. Appealing a court decision is a highly complex and lengthy process that often involves extensive briefing and oral arguments before an appellate court.
- Enforcement of Judgments. At the end of a civil trial, the losing party may attempt to avoid paying or may not have sufficient assets to satisfy the judgment. A civil litigation lawyer can help enforce judgments by pursuing legal remedies to recover the damages awarded by the court. This may involve obtaining wage garnishments, seizing property, or obtaining liens against the losing party’s assets.
Contact Our Houston Civil Litigation Lawyers Today
If you need assistance with civil litigation matters, Roger G. Jain & Associates, P.C. is here to help. With our extensive resources and experience, our civil litigation attorneys have the skills to achieve successful court outcomes. We are committed to fighting for our clients’ rights and never backing down from a challenge. To discuss your legal options, please call us at (713) 981-0600 or fill out our confidential contact form. We look forward to hearing from you.
Roger Jain is a dedicated trial lawyer who assists his clients in the following areas of practice: civil litigation, business law, criminal defense, juvenile law, estate planning and family Law.