Choosing a Lawyer for a Civil Lawsuit

Choosing a Lawyer for a Civil Lawsuit

More and more victim/survivors are turning to the civil courts to empower themselves and vindicate their rights. There are several important differences between civil and criminal court. In a criminal case, the crime is considered to be committed against the state, and the victim's role is limited to providing the evidence used to convict. The prosecutor makes all the decisions on the case, including whether to file charges or to accept a plea bargain once charges are filed. Civil litigation can provide an opportunity for empowerment because the victim/survivor makes the decisions. Additionally, in a civil suit the burden of proof is not as heavy as in a criminal case. In a civil case, the plaintiff only has to prove that the defendant is liable by a "preponderance of the evidence", or greater than 50% certainty instead of "beyond a reasonable doubt", which is the much higher standard required in a criminal case. Civil remedies also provide an opportunity to recover damages for economic and non-economic losses.

The legal process can be lengthy, emotionally draining and confusing. Choosing an attorney is a personal and important decision. You will want to choose an attorney with whom you are comfortable, who will keep you informed and empowered throughout the process.

There are several ways you can locate an attorney:

Ask around your community to find out who has a good reputation for handling this type of civil lawsuit. Sexual assault service providers in your area may know of good attorneys who understand the dynamics of sexual violence.
Contact the Wisconsin State Bar Association Lawyer Referral and Information Service (LRIS) at (800) 362-9082. LEIS will refer you to a lawyer in your area who has indicated an interest in dealing with this type of legal situation.
Call the Coalition of Victims' Attorneys and Consultants (COVAC) at the National Victim Center at (703) 276-2880. This is a national membership organization that provides services to attorneys and consultants. You can call COVAC for a referral to an attorney who has a demonstrated interest in enforcing victims' rights and remedies.

You may encounter problems finding an attorney in your local community. In some areas, there are few attorneys and none may be willing to take your case. You also may decide to choose an attorney outside your community for increased privacy; however, keep in mind that your decision to do so might influence your costs. For example, you may have to make long distance phone calls to contact your attorney.

Once you have located an attorney, set up a meeting to discuss your case. Determine whether you feel comfortable and confident about the attorney's abilities. Also consider whether you believe the attorney will keep you informed. If it is important to you to make as many decisions as possible on your case, make this clear to your attorney and ask him or her to explain how they will include you in decision-making on your case. Ask the attorney to explain the case and the legal process to you. Make sure you understand the length of the process and exactly what might happen. Also, it is important to find out the fee arrangement.

Remember: This is your case and the attorney is working for you. You have the right to know and understand every step of the legal process and to be included in making decisions about the case.

WCASA RESOURCES ON CIVIL SUITS
WCASA's Resource Center contains publications with information about sexual harassment, sexual assault laws, and the legal process. In 1994, WCASA published the Sexual Assault Advocate Legal Manual, which can be purchased for $25.00. A 1996 revised supplement to this manual is available from WCASA for a small fee. Other resources available through our Resource Center that may be useful include:

Some Questions You May Ask About Going to Court... And Some Answers That Will Help You... Human Resource Center Rape & Incest Victim Advocacy Program.

Legal Remedies For Crime Victims Against Perpetrators: Basic Principles, A New Dimension In Victim Advocacy, National Victim Center (1993).

Civil Sexual Assault Cases: Judgments and Settlements. (San Francisco: Institute for the Study of Sexual Assault, 1987).

The Incest Resources Legal Packet. Elaine Westerlund, Ed.D. and Kathy Morrissey, B.A., Eds. (Cambridge, MA: Incest Resources, Inc., 1989).

The American Lawyer: When and How to Use One. Barbara Kate Repa (Chicago: American Bar Association Public Education Division, 1986).

This information sheet was revised in 1996 by the Wisconsin Coalition Against Sexual Assault (WCASA). WCASA is a membership organization of rape crisis centers, other organizations and individuals who are working to end sexual violence. For information sheets on additional topics or for membership information, contact WCASA, 123 E. Main St., Madison, WI 53703 (608) 257-1516. For more information about sexual assault or to receive support around a sexual assault experience, contact your local rape crisis program. This sheet may be reproduced with acknowledgment to WCASA.