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Civil Trial Work

Unlike a criminal case, in a Civil case the person who has been wronged does not need to wait for the police or the prosecutor to protect them or to compensate them for their loss.  Civil law allows us to protect our own civil rights by providing a way to directly resolve disputes and compensate for wrongs committed against us.  The goal is usually not to punish, but to force the other side to either stop doing something, start doing something, or pay money.  Civil law demands a lawyer with the knowledge, experience and ability to work in various areas of Civil law, many of which often overlap.

Contract cases concern the enforcement of written and oral agreements.  These contracts are nothing more than mutual promises between two or more people to perform specific acts for the benefit of both sides.  For example Landlord-Tennant cases may involve a lease on real estate where the owner/landlord promises to let the renter live on his land in exchange for the renter’s promise to make a monthly rent payment.  Another example would be a car insurance policy, where in exchange for the driver’s monthly payment, the insurance company makes a promise to defend the driver against claims arising from car accidents, and if necessary to pay the claims.  If one side fails to do what they promised that side is in “breach” and may be sued by the other to make them do what they promised or to pay money.  In addition to leases and insurance policies contract cases may include Land Sale Contracts, Auto Sales Contracts, Construction Contracts, Employment Contracts, etc.

Real Estate cases often involve one person disputing another’s right to own, use or possess very specific areas of land.  Those suits can be called Unlawful Detainer, Ejectment, Quiet Title, Trespass, Nuisance and Condemnation.  They can involve pretty much everything from trying to determine where your fence should be, trying to kick a squatter off your land, the Highway department taking a section of land for the extension of a road, making your neighbor pay for the trees he cut on your land, and even the right to use another’s well.

Probate cases address an individual’s ability to control their own lives and property.  They can be roughly broken down into cases involving the mental and physical competence of people who are alive, and cases involving the property of those who are dead.  If a living adult suffers from serious mental problems, drug problems, or serious physical problems which make them unable to take care of themselves or their property, the Probate court can be called on to nominate someone else to do those things for the disabled person.  Such a case is called a Guardianship (for control over the person) and Conservatorship (for control over the person’s property).  If a person dies owning real estate or personal items, the Court can be called upon to divide up those belongings between the deceased’s family and or friends according to the laws of the State or according to a will if one exists.  To save family and friends the time and costs of Probate Court altogether, a living person may give all their belongings to a Trust which when the person dies will divide the property up outside of the probate courts.

Cases involving injuries to a person are called “Torts,” and consist of suits involving the right of a person to be free from interference or injury at the hands of another.  These can range from an auto accident to sexual harassment to police brutality, or even a slip and fall in the grocery store.  The wrongful acts can be done intentionally, recklessly or simply negligently.   The goal of such cases is often to compensate the victim for their loss with money, and sometimes to set an example of the wrongdoer by punishing them through awards of even more money.  For more information on auto accidents see our web page on this subject

Another common category of Civil law involves suits between citizens and the government.  These can include election contests, the formation of ambulance or fire districts, annexations, tax assessment disputes, hardship driver’s licenses, or City and County ordinances.

In summary, you can sue anyone for anything anytime.  Whether or not you’ll have any success is often a combination of the law, the facts, and the quality of your lawyer.  At the Seufert Law Office we recognize that our clients and their family may need our services in a variety of areas over the course of their lives.  Our lawyers are prepared to meet those needs with our broad base of experience prosecuting and defending in both criminal and civil trials.