Civil Litigation
Recover or defend your personal, business or property interests:
From others
Professional Civil Litigators in Altoona
Civil litigation attorneys are simply trial lawyers who represent you in a civil complaint—a process where one or more individuals seek legal or equitable remedies in federal or state court after an alleged wrongdoing has occurred.
If someone has harmed you and has caused damages to your person, business or property, you can bring a civil action against the offender. Contrarily, a party may have falsely accused you of misconduct, which would compel you to assert a legal defense against the claims brought against you when responding to a plaintiff’s lawsuit.
In either case, a civil litigator would handle all stages of your civil complaint or your defense and manage your appeal if a lower court erred when rendering its verdict.
For over a decade now, the civil litigation attorneys at the Smith Law Firmhave skillfully advocated on behalf of Iowans when wrongdoings have disrupted their businesses or personal lives. We can manage your case from start to finish and help you reach a position held before the civil action occurred.
I highly recommend Tyler’s civil litigation services. My family retained the Smith Law Firm in Iowa to deal with a tortious interference with inheritance claim against my father’s fiduciary after he passed away, and we were very, very satisfied. Tyler was professional, determined, and he got the job done without delay or excuses.
Civil Litigation Attorneys at the Smith Law Firm in Iowa
CIVIL LITIGATION IN A NUTSHELL
Civil litigation is non-criminal dispute resolution that arises after parties (citizens, businesses or government) file a lawsuit and seek compensation of damages (money) or special performance (equity) from another party as permitted by law.
Plaintiffs regularly file their civil complaints with the courts after a tort action (civil wrong) or breach of contract has damaged their body or property, personal or business interests.
The Iowa courts empower civil litigators to resolve said complaints through alternative dispute resolution methods (mediation and settlement) or through professional representation in district court
To secure a favorable outcome, your civil litigation attorney must establish grounds for bringing the action to court or assert a valid legal defense when answering a complaint. The civil litigator must further follow complicated civil procedure and evidence rules when proving your case to a judge or jury.
The civil litigation attorneys at the Smith Law Firm in Iowa can help you develop sound strategies for resolving your civil complaint fast, fairly, and efficiently both in and out of court.
HOW CIVIL LITIGATION ATTORNEYS HELP YOU
If you need to file a non-criminal lawsuit and don’t know how, a civil litigation attorney can guide through the entire process. Your advocate will represent you while your civil lawsuit moves forward through the lower court system—from case assessment, education, investigation, complaint filing and discovery through pretrial motions, settlement negotiations, trial, and appeal.
Assessment: During your initial consultation, your civil litigator will evaluate your case and examine whether sufficient evidence exists to bring a civil action against a likely defendant. If you’re a potential defendant seeking legal counsel, your attorney will equally consider whether you hold enough evidence to contest the claims in the civil complaint brought against you.
Education: Along with giving you a professional case assessment, your civil litigation attorney will also educate you on how civil litigation works and explain how the courts will address your lawsuit or defense as it moves forward.
Investigation: At this stage, your attorney’s civil litigation team will locate witnesses, take depositions, gather physical evidence, and investigate the facts in your complaint. Your civil litigator may likewise make an offer to settle the controversy during his/her investigation, giving the other party a chance to clear up the matter before you file a lawsuit with the courts.
Complaint Filing: Here, your attorney will draft pleadings and file a summons and complaint in the proper district court venue. He/she will further serve the defendant a copy of your lawsuit. Civil defense attorneys will draft your response to the claims made against you and may make counterclaims against the plaintiff’s action.
Discovery: The law compels plaintiffs and defendants to exchange information and evidence before heading to court. Your attorney’s discovery team will prepare written interrogatories, copy depositions, make requests for physical evidence and exchange expert testimony with the other party to make sure your case complies with Iowa’s complicated civil procedural rules.
Pretrial Motions: Your litigator or defense attorney may likewise file pretrial motions with court on your behalf, petitioning the courts to dismiss the case or strike evidence, change the venue, or render a summary judgment.
Settlement Negotiations: Over ninety-five percent of plaintiffs and defendants in Iowa civil litigation settle their lawsuits during discovery. Before your scheduled trial date, you should expect your litigator or defense attorney to apply his/her seasoned negotiation skills when mediating a comprehensive settlement that’s fair and equitable for both sides.
Trial: When parties fail to reach a settlement during discovery, litigators and defense attorneys prepare arguments, evidence, and witnesses for presentation at trial. Here, your civil litigation lawyer will give opening and closing statements, cross-examine witnesses, and prove your claims and damages through testimony and physical evidence for the judge's or jury's consideration.
Appeal: The law allows you to file an appeal whenever a jury or judge erred while rendering a verdict against you. Accordingly, you cannot appeal a court's ruling just because you didn’t agree with it. Your attorney must present evidence to the Iowa Court of Appeals or the Iowa Supreme Court showing why the lower court’s decision was wrong and where it erred while interpreting the law during your trial.
The civil litigators and defense attorneys at the Smith Law Firm in Iowa are not general practice lawyers—our team represents Iowans exclusively in civil litigation and estate law matters.
COMMON CIVIL COMPLAINTS
The Iowa District Courts, the Iowa Court of Appeals and the Iowa Supreme Court hear many civil disputes each year:
- Personal Injury/Tort Lawsuits
- Breach of Contract Controversies
- Business Litigation
- Medical Malpractice Lawsuits
- Employment or Labor Disputes
- Family Law/Divorce
- Landlord/Tenant Controversies
- Property Disputes
- Intellectual Property Litigation
The controversies and lawsuits outlined above have one thing in common—they do not touch criminal law issues—they seek redress of money or property from wrongdoers or court orders to force action or inaction from a named party.
The Smith Law Firm provides Iowans with comprehensive and strategic case management services and professional civil lawsuit representation in distinct areas of law
Retain a Civil Litigation Attorney at the Smith Law Firm in Iowa
Professional civil litigation services are necessary after someone has harmed and damaged your personal interests, business or has made frivolous misconduct claims against you.
We recommend that Altoona, Des Moines, Pleasant Hill, Ankeny and Bondurant residents should only hire a civil litigator who:
Owns analytical and logical reasoning abilities;
Holds years of practice in negotiating civil litigation settlements;
Possesses impeccable legal writing and interpersonal skills; and,
Has earned high client satisfaction from civil action plaintiffs and defendants living in greater Des Moines.