Author: Steve Dimic – Dimic Law Firm
Civil Litigation is one of the broadest areas of law, and for the inexperienced person, it can be a little overwhelming to try to understand all of what a civil litigation lawyer Calgary can do for you. To have a grasp of the matter, it is better to separate the term into parts.
The area of practice covers five pillars of our daily lives: Personal, Community, Employment, Property and Business, and so it is not unusual to find yourself in a situation where you will need professional aid. Once you are familiarised with each section, you will be able to navigate through the area smoothly.
Personal
It is hard to find a person who never had any issues with other people in their lives. Family, friends, neighbours and complete strangers can sometimes be the source of conflicts that can quickly escalate to a legal case.
For that reason, most lawyers in Calgary offer services regarding personal injury, family matters and other tort claims—that is, wrongful acts caused to a person, who is now entitled to compensation.
Personal injury cases are those where two or more parties disagree about any harm caused to the plaintiff. Such harm can be physical or emotional, intentional or not. Whether is a car accident, slip and fall on an icy sidewalk or emotional distress caused by loud neighbours, you can always count on a civil litigation lawyer to help you.
The same goes for cases involving family matters, although those are usually more sensitive cases and require refined expertise from your lawyer. The most common types of cases that a family lawyer handles are divorce, child support, guardianship and adoption.
It is important to maintain a good, trustworthy relationship with your lawyer since emotion-heavy situations can more often than not cloud someone’s mind. Your lawyer will have your best interests as a priority, but will also offer guidance and suggest a better course of action in order to have the conflict solved quickly, smoothly and stress-free.
Community
Harm is not only caused to people individually. Sometimes an individual or business is responsible for actions that affected an entire community, and Civil Litigation covers those cases as well.
When a group of people seek justice to repair equal damages caused to all of them, the lawsuit that follows is called Class Action. This type of case requires a lot of care and attention from the lawyer as it involves a multitude of people, who all want to be heard.
Much like personal injury lawsuits, a Class Action can have numerous subjects, and can extend from product malfunction to water contamination in a neighbourhood. The only restriction is that all people involved must have been affected in the same or similar way, by the same defendants.
If you and your community share a problem and wish to have your voices heard, you can volunteer to represent them and talk to a civil litigation lawyer about it.
Employment
If you find yourself in the middle of a conflict at a workplace, a civil litigation lawyer can also help you.
The type of cases that will emerge from labour relationships are complicated, and can also get very emotional. The rights and responsibilities of employers and employees must achieve a balance, but dealing with people’s livelihoods is always a sensitive topic.
Being an employer, you must make sure that you are following your obligations towards your workers according to your contract, and you may as well use the aid of a civil lawyer to keep you complying with the terms.
Employees also benefit from the help of an expert, since most times they are the ones with less power in the relationship. Lawyers will gladly work with you on cases of delayed payment, leisure days, proper conditions of work and relationships with other coworkers and supervisors.
Business
The business pillar of civil litigation works in two ways: either you have a business of your own, or you had a contract with a business that didn’t go quite well.
In the former case, a lawyer can help defend you and your business against customers, partners and competitors. Most lawyers will also offer administrative services, allowing you to establish a solid partnership for your business.
If you, however, do not own a business and instead had conflicts with one, a civil litigation lawyer is also there for you, and will be able to represent you in court or simply try to negotiate a settlement for you.
One of the most common cases in this field is a breach of contract, in which one or more parts of an agreement do not comply with their obligations. This kind of scenario can happen anywhere, with anyone: a company not delivering a product you ordered, a client not paying for your services or a business partner cancelling a transaction wrongfully.
Having a lawyer while dealing with business conflicts can be a lifesaver, regardless of your part in it, since those cases can be very hard to negotiate.
Property
Finally, the last pillar of civil law is property. It encompasses not only Real Estate for buyers and sellers, but also landlords and tenants.
Lawyers can take cases in a wide spectrum of matters, but most particularly disputes between two parties that disagree on a contract—similarly to business transactions and lawsuits.
As a buyer, you will need a lawyer to review the terms of your contract and, later on, make those terms met. The same goes for the seller, who will need the assistance of an attorney in case the buyer fails to pay them correctly.
Moreso, the relations between landlords and tenants can get even trickier. Because the contracts are much simpler than when purchasing a property, the parts of those tend to disagree more often along the way. Matters like maintenance, security deposit, breach of contract and payments are all part of the expertise of a civil litigation lawyer, and you do not need to hesitate before contacting one.
Human relations are complicated, and for the majority of people, there is no escaping conflict. Whether you suffered any harm or are being the target of great stress caused by someone else’s irresponsibility in complying with a contract, you can always count on a civil litigation lawyer.
Most importantly, it is good to keep in mind that most civil cases do not end up in court, and can be settled beforehand by the parties—and that is the main goal of your lawyer.