When a legal dispute threatens your finances, your reputation, or your peace of mind, the right guidance from a Civil Litigation Attorney like Michael Fayard, can make all the difference. Civil litigation offers a pathway to resolve conflicts that don’t involve criminal charges—whether it’s a contract gone sideways, a business disagreement, or a personal injury claim. Yet, successfully navigating Florida’s legal system requires more than determination; it demands a thorough understanding of complex procedures, strategic negotiation, and, when needed, persuasive courtroom advocacy.
At Fayard Rothbauer, PLLC, clients aren’t just case numbers—they’re individuals facing urgent and often stressful situations. The firm’s commitment to personalized service is clear: free consultations, affordable payment plans, and bilingual support ensure that everyone in Sarasota, Manatee, and Desoto Counties can access experienced legal help. Michael Fayard brings unique insight to every case, drawing on experience as both a former prosecutor and a defense attorney to anticipate strategies on both sides and relentlessly pursue the best possible result.
This article breaks down what a civil litigation attorney does, the types of cases commonly handled in Florida, how fee structures work, and—most importantly—when it’s time to seek professional representation. If you’re weighing your legal options or simply want to understand what lies ahead, you’re in the right place to get clear, practical answers.
Understanding the Role of a Civil Litigation Attorney
Civil disputes can range from broken contracts to personal injuries and property conflicts. A civil litigation attorney guides you through every step—from filing the initial complaint to negotiating a settlement or taking your case before a judge. Their expertise ensures that you meet procedural deadlines, present compelling evidence, and make strategic decisions tailored to your goals.
Definition and Scope of Civil Litigation
Civil litigation describes the legal process used to resolve non-criminal disputes between private parties—individuals, businesses, or organizations. Unlike criminal law, which addresses actions deemed offenses against the state, civil litigation focuses on enforcing rights or obtaining compensation for harm. If you’ve ever wondered “What is a civil litigation lawyer?” the answer is a legal professional dedicated to helping clients assert or defend claims that arise from contracts, torts, property issues, and other private controversies.
Key Roles and Responsibilities
A civil litigation attorney wears many hats. Their core duties often include:
- Advising clients on legal rights, risks, and potential outcomes
- Developing a case strategy aligned with client objectives
- Drafting complaints, answers, and pretrial motions
- Managing the discovery process (interrogatories, document requests, depositions)
- Leading settlement negotiations or alternative dispute resolution (mediation, arbitration)
- Representing clients at hearings, trials, and appeals
For example, in a breach-of-contract scenario, your attorney might review the agreement, draft and file a formal complaint, coordinate document production, depose key witnesses, and finally negotiate damages or specific performance on your behalf.
Common Case Types Handled by Civil Litigators
Civil litigation attorneys typically handle a broad spectrum of disputes, such as:
- Contract disputes: Enforcing or defending claims when one party fails to honor an agreement
- Tort claims (personal injury): Seeking compensation for injuries caused by negligence or intentional harm
- Property and real estate conflicts: Resolving boundary issues, landlord-tenant disagreements, easements, and partition actions
- Business litigation: Addressing shareholder disputes, partnership breakdowns, and unfair trade practices
- Construction defects: Pursuing claims for faulty workmanship, design errors, or delayed performance
- Injunctive relief (TROs): Obtaining court orders to stop harmful conduct or preserve the status quo
By understanding the breadth of issues civil litigators handle, you can better evaluate when it’s time to seek professional representation.
Types of Civil Cases in Florida
Florida’s courts see a wide array of civil disputes, from contract breaches to complex tort claims. Whether you are in Sarasota, Manatee, or Desoto County, understanding the nature of these cases can help you gauge when to seek the guidance of a skilled civil litigation attorney. Below is an overview of the most common types of civil matters litigated under Florida law.
Contract Disputes
A contract dispute arises when one party alleges that another has failed to fulfill the terms of a written or oral agreement. In Florida, both written and oral contracts can be enforceable, but proving the details of an oral agreement often requires more extensive evidence. Remedies for breach include:
- Monetary damages to compensate for losses
- Specific performance, where the court orders the breaching party to uphold their obligations
For example, if a service provider in Bradenton fails to deliver on a commercial remodeling contract, you may pursue damages for the cost to hire a replacement contractor or ask the court to compel completion under the original terms.
Personal Injury and Negligence Claims
Personal injury cases hinge on proving negligence, which requires establishing four elements: duty, breach, causation, and damages. Common negligence claims in Florida include:
- Auto accidents on I-75 or local roads
- Slip-and-fall incidents at retail stores or private residences
- Wrongful death actions when a loved one is fatally injured due to another’s carelessness
Successfully navigating these claims demands thorough investigation, expert testimony, and strong advocacy to secure compensation for medical bills, pain and suffering, or loss of companionship.
Property and Real Estate Disputes
Real estate conflicts cover a broad spectrum of issues involving land and ownership rights. Florida clients often face disputes over:
- Boundary lines and encroachments between neighboring properties
- Easement rights for driveways, utilities, or shared access
- Landlord-tenant disputes, including eviction proceedings and lease enforcement
- Quiet title and partition actions to clear or divide co-owned property
- Eminent domain or condemnation cases where the government seeks to acquire private land
Each scenario has its own procedural hurdles under Florida statutes, making experienced counsel essential for protecting your property interests.
Specialized Litigation Areas
Certain civil cases require niche expertise beyond typical contract or tort disputes. In our region, these can include:
- Maritime and boating accident claims under admiralty law
- Truck collision litigation involving commercial carriers and federal regulations
- Business torts, such as fraud, misrepresentation, or unfair trade practices
- Temporary injunctions (TROs) to immediately restrain harmful conduct
These specialized areas combine state and federal rules, so partnering with a civil litigator familiar with local courts and industry regulations can give you a decisive advantage.
Florida Statutes of Limitations for Civil Claims
Deadlines matter. In Florida, every civil claim must be filed within a specific period set by statute, known as the statute of limitations. If you miss these time bars, you typically forfeit your right to sue—even if you have a strong case. Below is an overview of the applicable deadlines, plus how tolling rules and the discovery doctrine can affect your timeline.
What Is a Statute of Limitations?
A statute of limitations is a law that sets the maximum time after an event within which legal proceedings may be initiated. Its purpose is to ensure lawsuits are brought while evidence is fresh and to provide certainty to potential defendants.
Key points:
- Tolling: Certain circumstances—like the plaintiff’s minority or mental incapacity—can pause (“toll”) the running of the deadline.
- Discovery doctrine: In some cases (e.g., latent injuries or hidden defects), the clock begins when the plaintiff knew or should have known about the harm, rather than the date the incident occurred.
Personal Injury and Negligence Time Limits
Most negligence-based claims, including auto accidents, slip-and-fall incidents, and wrongful death actions, must be filed within four years of the date the injury occurred.
- Florida Statute §95.11(3)(a) sets this four-year limit. (flsenate.gov)
- If an injury is not immediately apparent—such as damage from a toxic exposure—the discovery doctrine may extend your filing window until the harm is discovered.
Contract Claim Deadlines
Whether you’re enforcing a written agreement or an oral promise, Florida law imposes strict deadlines:
| Contract Type | Time Limit | Statute Reference |
|---|---|---|
| Written | 5 years | §95.11(2)(b) (flsenate.gov) |
| Oral | 4 years | §95.11(3)(k) (flsenate.gov) |
Because proving an oral contract often hinges on testimony or informal records, it’s wise to consult counsel early—before that four-year window closes.
Property Damage and Construction Defects
Property damage claims generally carry a four-year statute of limitations under Florida Statute §95.11(3)(f). This covers disputes over damage to real or personal property, such as a fallen tree destroying a fence.
Construction defect claims follow similar rules, but the clock may run from the date of discovery if a latent defect (like hidden mold or faulty wiring) emerges later. For instance, if a homeowner notices excessive settling three years after a new addition is completed, they may have one additional year to file—counting from the discovery date rather than from the construction’s end.
In all these scenarios, understanding how and when your deadline is triggered can mean the difference between pursuing a valid claim and losing it forever. If you suspect a latent defect or face uncertainty about your filing window, reach out promptly to protect your rights.
Navigating Small Claims Court in Sarasota County
When the amount at stake is modest but still worth pursuing—up to $8,000 in Sarasota County—small claims court offers a streamlined alternative to general civil litigation. Small claims handles disputes quickly, with simpler procedures and lower fees. Whether you’re chasing unpaid rent, a minor contract dispute, or property damage, understanding the small claims process can save time and money. For detailed forms and deadlines, visit the Sarasota County Clerk’s Small Claims webpage: Sarasota County Small Claims.
Jurisdiction and Monetary Limits
Small claims court in Sarasota County hears cases where the amount of money sought does not exceed $8,000, excluding interest, court costs, and attorney fees. This limit was raised on January 1, 2020, to accommodate inflation and rising costs. Unlike general civil court—where lawsuits can involve any amount—small claims is capped, making it ideal for resolving lower-value disputes without the expense of formal discovery or extensive motions.
Filing Procedures and Required Forms
To start a small claims case, you’ll complete a Statement of Claim form, available online or in person at the Clerk’s office. The form requires:
- Names and addresses of all parties
- A concise statement of the claim and the relief sought
- Supporting documents, like contracts or invoices, attached as exhibits
Once complete, submit your claim to the Clerk’s office, which will assign a case number and schedule a hearing date. Keep copies of everything you file and note the hearing date on your calendar—missing it can lead to dismissal.
Fees and Payment Methods
Sarasota County’s small claims filing fees are tiered based on the amount you’re claiming:
- Up to $1,500: $55
- $1,501–$2,500: $80
- $2,501–$5,000: $175
- $5,001–$8,000: $300
The Clerk accepts cash, check, money order, and credit or debit cards (a surcharge may apply). If you qualify for a fee waiver—based on income—you can request one at the time of filing.
Service of Process and Scheduling
After filing, the defendant must be formally notified of the lawsuit. Acceptable methods include:
- Sheriff’s office service (fee based on distance)
- Certified mail, return receipt requested
- Private process server (at your own expense)
Once served, the defendant has 20 days to respond. If they fail to appear, you can ask the court for a default judgment. The Clerk’s office will provide instructions on scheduling and confirming service of process.
Mediation, Pretrial Conference, and Trial
Before trial, many small claims cases undergo mediation or a pretrial conference to explore settlement. A mediator or county magistrate will help both sides discuss the dispute informally. If you reach an agreement, the court will enter a consent judgment without going to trial. If mediation fails, your case proceeds to trial, where you’ll present evidence and witness testimony before a judge. Come prepared with organized documents, clear exhibits, and a concise statement of your claim.
Collecting on a Judgment
Winning in small claims court is just the first step—collecting on the judgment is separate. The court does not enforce collection automatically. Common post-judgment remedies include:
- Wage garnishment: directing an employer to withhold part of the debtor’s paycheck
- Bank levy: freezing and seizing funds from the debtor’s bank account
- Writ of execution: authorizing a sheriff to seize and sell non-exempt property
If the debtor resists payment, you may need follow-up filings or a collection attorney. Understanding these options in advance can help you press for—and receive—the compensation you’ve earned.
When to Hire a Civil Litigation Attorney
Deciding to bring in a civil litigation attorney can feel like a big step, but in many cases it’s the difference between a fair outcome and a missed opportunity. If you’re facing procedural hurdles, complex evidence, or deadlines you can’t afford to miss, professional counsel can protect your interests and guide you toward the right path. Below are the key scenarios that signal it’s time to reach out to a seasoned Sarasota-area litigator.
Recognizing Complexity Beyond DIY
Not every dispute is simple enough for self-representation. When you’re up against:
- Multiple parties or cross-claims
- Technical issues—like interpreting engineering reports in a construction defect claim
- Specialized statutes or local rules in Manatee County
…you’ll benefit from an attorney’s familiarity with rules of evidence, court calendars, and legal research tools. For instance, if a condo association in Bradenton alleges hidden structural flaws, an attorney can coordinate expert inspections, draft persuasive motions, and untangle a web of subcontractor contracts.
Financial Stakes and Risk Assessment
A practical rule of thumb: if the potential recovery in your case significantly exceeds anticipated legal fees and court costs, it’s time to hire counsel.
- Calculate your expected recovery (for example, $50,000 in unpaid rent or property damage).
- Estimate attorney fees (hourly or contingency) and extra costs (expert witnesses, filing fees).
- Compare to determine your break-even point.
When you’re seeking a sum that dwarfs this break-even figure—whether it’s a breach-of-contract claim in Desoto County or a personal injury suit after a Sarasota car accident—the investment in legal expertise often pays for itself.
Meeting Critical Deadlines
Florida’s statutes of limitations are unforgiving. A missed deadline under Florida Statute §95.11 can extinguish your right to sue. Whether you’re handling:
- A negligence claim (four-year window)
- A written contract dispute (five years)
- A latent construction defect (discovery doctrine may apply)
…an attorney’s job includes tracking filing deadlines, calculating tolling periods, and ensuring every document lands on the clerk’s desk in time. If you’ve already lost sleep over “Did I file soon enough?” let a litigator shoulder that burden.
Settlement Versus Litigation Considerations
Deciding to settle or press on to trial requires more than gut instinct. A civil litigation attorney will:
- Assess the strength of the evidence and witness credibility
- Weigh the costs and risks of continued litigation vs. a guaranteed settlement
- Build a simple decision matrix:
- Scenario A: Accept $30,000 now, avoid another six months of legal fees
- Scenario B: Pursue trial with a 60% chance at $60,000 but accruing $10,000 in extra costs
By quantifying odds and expenses, your attorney helps you make an informed choice—whether that means signing a release in Sarasota’s small claims court or gearing up for a full-blown lawsuit in circuit court.
If any of these situations resonate with your dispute, scheduling a free consultation with Michael Fayard can clarify your next steps and ensure your rights stay protected.
How Civil Litigation Attorneys Charge for Their Services
Understanding how attorneys bill is crucial to budgeting for your case. Civil litigation fees generally follow four main models—hourly billing, contingency arrangements, flat fees, and hybrid plans. Beyond those, you’ll also need to account for out-of-pocket expenses, known as disbursements. Below we break down each approach and offer tips for forecasting your overall costs.
Hourly Rates and Retainer Agreements
Many civil litigators charge by the hour, with rates in Florida typically ranging from $200 to $450 per hour depending on the attorney’s experience and the complexity of your matter. When you retain a lawyer, you’ll usually pay an upfront deposit—commonly called a retainer—that goes into a trust account. As work is performed, the attorney draws from this retainer and provides periodic statements showing hours billed, services rendered, and the remaining balance.
A few key points about hourly billing:
- Retainer replenishment: If your retainer runs low, you’ll be asked to top it up before work continues.
- Recoupable expenses: Court filing fees, courier charges, and expert-witness fees may be billed separately or drawn against your retainer.
- Transparency: Request detailed invoices with a clear breakdown of tasks (e.g., “1.2 hours drafting motion to compel”) so you can track progress and costs.
Contingency Fee Arrangements
In cases where you’re seeking monetary recovery—like personal injury or certain business disputes—attorneys often work on a contingency basis. That means:
- You pay nothing up front.
- If you win or settle, the lawyer’s fee is a pre-agreed percentage of your recovery, usually between 33% and 40%.
- If your case doesn’t yield compensation, you typically owe no attorney’s fees (though you may still be responsible for some court or expert fees).
Contingency billing shifts the financial risk away from you and aligns your attorney’s incentive with maximizing your recovery. For more on how this works, see a detailed overview of civil lawsuit attorney fees.
Flat Fees and Hybrid Billing
For discrete tasks—such as drafting a demand letter, handling a simple motion, or conducting a small-claims hearing—some attorneys offer a flat fee. You know exactly what you’ll pay, regardless of how many hours the work takes. Flat fees work best when the scope of work is well-defined and unlikely to expand.
A hybrid fee arrangement combines elements of hourly, contingency, and flat-fee structures. For example:
- Hourly billing up to a certain point (e.g., pretrial discovery), then a contingency percentage for trial or settlement.
- A reduced hourly rate paired with a smaller contingency fee if you win.
Hybrid setups can balance reduced upfront costs with shared risk, giving you more predictability without sacrificing advocacy.
Additional Costs and Disbursements
No matter which billing model you choose, you’ll incur extra expenses—known as disbursements—that cover necessary case-related outlays. Common disbursements include:
- Court filing and service-of-process fees
- Expert witness and consultant charges
- Deposition costs, including court reporter fees and transcript charges
- Copying, postage, and courier services
- Travel expenses if hearings or depositions occur outside your county
To stay in control of your budget, ask your attorney for an itemized estimate of expected disbursements. Many firms will provide a cost forecast or “budget worksheet” that outlines both legal fees and anticipated expenses, so you know what to plan for before your case gains momentum.
Selecting the Right Civil Litigation Attorney
Selecting the right civil litigation attorney can feel overwhelming, but a systematic approach will help you find a lawyer who matches your needs. Start by outlining your priorities—experience in local courts, a proven track record, clear communication style, and affordability. Then, use the criteria below to compare potential attorneys and narrow your choice to the one who best aligns with your goals.
Evaluating Experience and Case Results
First, look at a firm’s history of success. Reviewing the Case Results page offers insight into the types of civil disputes an attorney has handled and the outcomes achieved. Pay special attention to:
- Contractor and property-owner victories in Sarasota, Manatee, or Desoto Counties
- Significant settlements or verdicts in breach-of-contract, property disputes, or personal injury
- Sample case studies that resemble your own dispute
These real-world examples help you gauge whether the attorney’s experience aligns with the challenges in your case.
Verifying Local Court Expertise
Every jurisdiction has its quirks—from filing procedures to judge preferences—so local expertise is crucial. A lawyer familiar with Sarasota, Manatee, or Desoto County courts can:
- Anticipate common procedural hurdles and filing deadlines
- Understand how specific judges handle motions and evidentiary disputes
- Leverage established relationships with court clerks or local experts to streamline your case
Do a bit of homework: search for recent opinions in your county’s circuit court or ask prospective attorneys about their courtroom exposure in your area.
Reviewing Attorney Credentials and Profile
Next, dive into the attorney’s own background. Michael Fayard’s unique combination of roles—as a former Assistant State Attorney and defense lawyer—means he understands both sides of the courtroom. You can read more about his professional journey and linguistic capabilities on the Attorney Michael Fayard profile. Key points to note include:
- Years of litigation experience and topic specializations
- Track record in complex civil matters and negotiations
- Availability of bilingual services (“Se habla Español”) for Spanish-speaking clients
Assessing Communication Style and Client Fit
Finally, chemistry matters. You’ll work closely with your attorney over weeks or months, so strong rapport and clear communication are essential. Schedule a free consultation to:
- Evaluate responsiveness: Does the attorney return calls or emails promptly?
- Ask about case strategy: How would they approach your dispute, and what timeline do they foresee?
- Clarify cost expectations: Which billing model fits your budget, and how will expenses be handled?
Remember to mention any language preferences up front—bilingual support can make a big difference in understanding complex legal terms. By asking these questions and paying attention to the interaction, you’ll feel confident you’ve chosen an advocate who not only knows the law, but also treats you as a partner in the process.
What to Expect During the Civil Litigation Process
Facing a civil lawsuit can seem daunting, but knowing the typical stages helps you stay focused and prepared. Below is a broad roadmap—from your first meeting through possible appeals—so you understand what lies ahead. Visualize it as a timeline where each phase builds on the last, keeping you on track and in control.
Initial Consultation and Case Evaluation
Your first step is a detailed sit-down with your attorney. Bring all relevant materials, such as:
- Copies of contracts, leases, or agreements
- Email chains, letters, invoices, and receipts
- Photos, videos, or inspection reports
- Any correspondence from the other party
During this meeting, the attorney will review your documents, ask targeted questions about key facts, and identify legal theories that apply. You’ll discuss potential strategies—like whether to pursue settlement talks or file immediately—and get an early estimate of fees and timeline.
Pleadings: Complaint, Summons, and Answer
Once you decide to move forward, your attorney drafts a complaint outlining your allegations and the relief you seek. The complaint is filed with the clerk’s office, which issues a summons directing the defendant to respond. In Florida, the defendant generally has 20 days to file an answer or a motion to dismiss.
- If the defendant answers, they may assert counterclaims against you.
- If they file a motion to dismiss, your attorney will draft a written response defending the sufficiency of your complaint.
Discovery Phase and Evidence Gathering
Discovery is the fact-finding stage—often the longest part of a case. Common tools include:
- Interrogatories: written questions each party must answer under oath
- Document requests: formal demands for emails, contracts, or financial records
- Depositions: sworn, in-person interviews of parties or witnesses, recorded by a court reporter
- Requests for admissions: statements the other side must admit or deny
Staying organized is critical. Your attorney will set internal deadlines to gather documents, prepare you for depositions, and calendar the court’s discovery cutoff to ensure no evidence slips through the cracks.
Pretrial Motions and Preliminary Steps
Before trial, your lawyer may file motions to shape the scope of the case or even seek an outright dismissal. Common examples are:
- Motion to dismiss (attacking legal defects in the complaint)
- Motion for summary judgment (arguing there’s no genuine dispute of material fact)
Parties are also obligated to meet and confer, exchanging witness lists, exhibit lists, and expert reports. This phase resolves procedural disputes early and can narrow the issues to be tried.
Trial Preparation and Courtroom Advocacy
When a case proceeds to trial, meticulous preparation pays off. Your attorney will:
- Help select jurors who are impartial and fair
- Prepare witnesses with mock examinations and key talking points
- Organize exhibits and demonstrative aids for a compelling presentation
- Coordinate timing for opening statements, direct and cross-examinations, and closing arguments
A simple trial day checklist—covering everything from client attire to technology checks—ensures that no detail is overlooked.
Post-Trial Motions and Appeals
After the judge or jury issues a verdict, there may still be steps ahead. Your attorney can:
- File a motion for rehearing or a “new trial” if legal errors affected the outcome
- Submit a motion to enter the final judgment and calculate post-judgment interest
- Prepare a notice of appeal within the strict deadline (often 30 days in Florida)
If an appeal is warranted, your lawyer will outline the record on appeal, draft appellate briefs, and, if needed, present oral arguments before the district court of appeal.
By understanding these phases and working closely with your attorney, you’ll navigate the litigation process with clarity—turning what feels like a maze into a well-marked path toward resolution.
Common Misconceptions About Civil Litigation Attorneys
Even if you’ve never been involved in a lawsuit, you may have heard a few assumptions about civil litigation that simply don’t hold up. Clearing these up can help you make informed decisions about when and how to seek professional representation.
Myth: Civil Litigation Is Only for Big Businesses
Many people assume only large corporations hire litigators to handle contract disputes or commercial claims. In reality, individuals and small businesses turn to civil litigation attorneys every day—whether it’s enforcing a lease, recovering unpaid invoices, or pursuing compensation after an auto accident. Civil litigators tailor their approach to fits your budget and the size of your case, so you don’t need a Fortune 500 balance sheet to get skilled advocacy.
Myth: Hiring an Attorney Is Too Costly for Small Claims
It’s common to worry that attorney fees will outweigh the amount you’re seeking—especially in Sarasota County’s small claims court, where the cap is $8,000. Yet many lawyers offer limited-scope representation, flat-fee packages for simple hearings, or hybrid billing arrangements that keep costs predictable. In other words, you can hire a civil litigation attorney to draft your claim or run the hearing without breaking the bank.
Myth: All Attorneys Practice the Same Areas Equally
An attorney is not a one-size-fits-all solution—lawyers often specialize. Civil litigation requires a distinct skill set: crafting persuasive motions, managing discovery schedules, and presenting evidence in court. When you choose counsel with focused experience in Florida civil disputes, you benefit from their familiarity with local rules, judges, and case precedents.
Myth: Litigation Always Goes to Trial
Movies portray courtroom showdowns, but most civil disputes in Florida resolve before a judge or jury ever steps in. Through settlement talks, mediation, or arbitration, the vast majority of cases end with an agreement that both sides can live with. In fact, an attorney’s early negotiation skills often save you time, stress, and legal fees compared to a full trial.
Frequently Asked Questions About Civil Litigation Attorneys
Navigating civil litigation can feel overwhelming, especially if it’s your first time in court. Below are concise answers to common questions clients in Sarasota, Manatee, and Desoto Counties ask about working with a civil litigation attorney.
What Is the Difference Between a Litigator and an Attorney?
All litigators are attorneys, but not every attorney handles courtroom battles. A litigator specializes in civil disputes—drafting motions, managing discovery, and advocating at hearings or trials. In contrast, attorneys might focus on transactional work like drafting contracts, advising businesses, or estate planning without ever stepping into a courtroom.
What Is the Role of a Litigation Attorney?
A litigation attorney is your guide through every phase of a lawsuit. They evaluate your claim, draft and file pleadings, gather evidence during discovery, negotiate with opposing counsel, and represent you in front of a judge or jury if necessary. Their goal is to align legal strategy with your objectives—whether that means settling early or pressing forward to trial.
How Do Civil Litigation Attorneys Get Paid?
Civil litigators typically use one of four billing models:
- Hourly: You pay for each hour worked, often against a retainer.
- Contingency: The attorney takes a percentage (usually 33–40%) of your recovery; if there’s no win, you owe no fee.
- Flat Fee: A set price for a specific task, like drafting a demand letter or handling a small-claims hearing.
- Hybrid: A mix, such as a reduced hourly rate plus a smaller contingency fee.
On top of these, expect disbursements for court costs, expert reports, and service-of-process fees.
How Long Does a Civil Case Typically Take in Florida?
There’s no one-size-fits-all answer, but most civil cases in Florida run from six months to eighteen months. Simple small-claims matters can wrap up in just a few months, while complex disputes—especially those involving multiple parties, expert testimony, or significant discovery—may stretch toward a year and a half or more. Court backlogs and the choice to mediate or arbitrate also influence the timeline.
Can I Change Attorneys Mid-Case?
Yes. If you’re dissatisfied or your needs change, you can switch lawyers during a lawsuit. The process usually involves signing a substitution-of-attorney form and notifying the court and opposing side. Keep in mind that your original attorney may still be entitled to fees for work already performed, so review any retainer agreement before making a change.
Taking the Next Step with Your Civil Litigation Matters
If you’re facing a dispute—whether it’s a contract fight, a personal injury claim, or a property disagreement—time is of the essence. The sooner you secure seasoned representation, the better your chances of preserving crucial evidence, meeting tight deadlines, and leveraging strategic advantages in every phase of your case. Michael Fayard’s blend of prosecutorial insight and defense experience means you’ll have an advocate who knows how both sides think and can anticipate challenges before they arise.
At Fayard Law, we understand that every situation is unique. That’s why we offer a free consultation to discuss your case, explain your options, and answer any questions you have—commitment-free. From Sarasota to Manatee and Desoto Counties, our firm stands ready to handle the details so you can focus on what matters most: protecting your interests and moving your life forward.
Ready to get started? Visit our homepage at fayard-law.com or call us today to schedule your consultation. Remember, we offer affordable payment plans and bilingual support (“Se habla Español”) to ensure you have the legal help you need, when you need it.
