How the Best Judgment Lawyers Adapt to Each Case

How the Best Judgment Lawyers Adapt to Each Case

Contrary to popular belief, not all post-judgment collection cases are the same. Different circumstances dictate different arguments. Let’s discuss how judgment lawyers adapt to each case they handle.

The Importance of Adaptability

The legal profession is changing rapidly across all of its facets, and now more than ever, judgment lawyers must have the resiliency and a keen ability to adapt.

According to experts, a few key characteristics help a judgment lawyer adapt on their feet to changing laws and even changes during trials: cognitive ability, conscientiousness, and openness. Judgment lawyers who possess these skills can move freely and capably between the realms of civil, criminal, state, and federal law.

Civil vs. Criminal Judgments

It is critical to understand the different mechanics of civil and criminal judgments in order to be an adaptable judgment lawyer.

Civil cases typically involve private disputes between persons or organizations. On the other hand, criminal cases involve acts that are considered harmful to society as a whole. This is why criminal cases are often titled “the state versus” the criminal defendant.

A civil case is initiated when a person or an organization (plaintiff) claims that another person or organization (defendant) has failed to carry out a legal duty owed to the plaintiff. A few examples of different types of civil cases include:

  • Negligence lawsuit – a plaintiff might sue because a dangerous condition on the defendant’s property caused a physical injury
  • Breach of contract lawsuit – the defendant failed to adequately provide a good or service they agreed to provide
  • Civil rights lawsuit – the plaintiff’s rights were violated by their employer or a local police department

The plaintiff turns to the court for relief, asking the court to “order” that the defendant pay compensation (damages) or perform its obligations (an injunction).

A criminal case begins when the state, through the prosecutor, brings formal charges against the criminal defendant through an indictment (for felonies or serious crimes) or an information (for misdemeanors). When a court determines that the individual committed a crime, that person will receive a sentence. The sentence can be a fine, imprisonment, community service, or a combination of all three.

Best Judgment Lawyer in Houston

Federal vs. State Judgments

A skilled judgment attorney must also understand the difference between state and federal courts. The Texas State Legislature establishes state, county, and municipal courts. Meanwhile, Federal courts are established under Article III of the U.S. Constitution.

State courts have broad jurisdiction over cases related to the day-to-day affairs of state citizens. This might include property disputes, family matters, contract claims, labor and employment issues, environmental concerns, and crimes. Federal court jurisdiction may consist of similar topics but is narrowly curtailed to the types of cases listed explicitly in the Constitution and expressly provided for by Congress. Thus, for the most part, federal courts may only hear:

  • Cases in which the United States is a party
  • Cases between citizens of different states if the amount in controversy exceeds $75,000, over which the federal courts have “diversity jurisdiction.”
  • Cases involving violations of the U.S. Constitution or federal laws, over which the federal courts have “subject matter jurisdiction.”
  • Bankruptcy, copyright infringement, patent, and maritime law cases

Occasionally, both State and Federal courts may be able to take jurisdiction over a case. If a case is before the wrong court, a capable attorney may seek to raise a defense related to jurisdiction in an attempt to have the case “removed” to the proper court.

Finding the Best Judgment Lawyer Near You

In light of these considerations, you may find yourself asking, “who is a skilled judgment attorney near me?” This will be someone adaptable, constantly undergoing training, thinking flexibly, remaining sociable and helpful to clients and other attorneys and the court. For the best judgment attorneys in Houston, contact attorneys Seth Kretzer and James Volberding today through our website or by phone at 713-775-3050.

Phone: 713-775-3050
Fax: 713-929-2019
Houston, TX 77002
440 Louisiana, Suite 1440