In this day and age, dealing with lawsuits and lawyers has become quite normal for most of us, at least as far as civil proceedings are concerned, fortunately. However, this does not mean that we are not able to find our way through divorce, inheritance and condominium cases. Let us try to clarify.
When a Civil Lawyer Is Needed
First of all, the civil lawyer is a person with a degree in law who deals with civil law and who knows everything about acts and proceedings. He or she assists, defends and represents any citizen in an out-of-court dispute, i.e. when a settlement is attempted outside of court or before a judge. An example of an out-of-court procedure is a debt collector, who tries, before filing a lawsuit to get his money back, to resolve it quickly by reaching an agreement between creditor and debtor. Otherwise, the case goes to court and the judge makes the final decision on the matter at hand. There is no doubt that the lawyer, whether civilist or not, must be a person with the ability to convince and who knows how to use the art of oratory to his or her advantage, and must also be able to make decisions quickly, which could prove to be the winning weapon when confronting the parties, especially before a judge.
When we have a problem with one person, or several people, so-called lawsuits between private individuals, we have to rely on a civil lawyer to enforce our rights. Civil law includes property cases and cases in which there is no public interest, unlike criminal law, and lawyers deal with many matters including the protection of rights, torts, family, employment and many others. Civil proceedings require patience because, in addition to being expensive, they can last for many years: there are many stages to go through, from mediation to the preliminary investigation stage, up to the final conclusion with the judge’s decision.
Divorces and Family Lawsuits
One of the most frequent legal cases is undoubtedly divorce, which is a real legal case and therefore usually entrusted to a civil lawyer. Only when the separation is by mutual consent, there are no children and no maintenance claims may a lawyer not be indispensable. In all other cases, a specialist in family law is needed who, together with the other party, will be able to come to an agreement between the two future ex-spouses, both on financial matters and on the custody of the children. The issue of custody of minor children is much more complex and delicate, and the best and least traumatic solution is obviously sought for these children, sometimes with the help of social services, in order to maintain as far as possible a balance in this new form of family life, without heavy psychological consequences for their growth and their individual serenity.
Speaking of the family, domestic violence is not covered by the civil code. This crime, which is unfortunately on the increase, is punished by the criminal code and carries a prison term of between two and six years, which can be increased in the case of aggravating circumstances. In this case, criminal proceedings are initiated and therefore one should not rely on a civil lawyer but on a criminal lawyer.