Shocking Information About Divorce Lawyers Exposed
In the instance that you haven't before now, chances are that sometime in your own lifetime you will have to hire legal counsel. With the help of my interview with Tampa Lawyer Christina Mesa, here is a number of answers to frequent and important questions.
1. QUESTION: Do I want to hire an attorney in the county where the case occurs?
ANSWER: No. Many lawyers or attorneys practice in other counties and other states, depending on their licensure for the latter. Having knowledge in the county wherein the matter is being litigated is important as that attorney will have a level of comfort with the local courthouse personnel, lawyers (likely opposing lawyer) and judges. One matter in retaining a lawyer outside the area wherein the matter takes place is cost of travel time. Some attorneys do not charge for travel, others give you a reduced rate or preserve a billable rate for all work carried out. Discuss that question with each attorney consulted.
2. QUESTION: How may I make sure my lawyer is handling my issues?
ANSWER: Every good lawyer keeps track of his time (fees) and expenses (costs). Your retainer agreement should include a confirmation of how the attorney bills his clients - once a month, quarterly, etc. You may also track your case in some jurisidictions that supply on-line accessibility to case dockets. If the county has that available, you are wise to routinely review the docket and see what events have occurred by your counsel and the other party/counsel. Also feel comfortable contacting your attorney at intervals to learn the status of the matter, knowing you'll likely be charged for these communications.
3. QUESTION: How do I select an attorney or lawyer?
ANSWER: Legal matters are as vast as those in other industries, such as medicine, construction, finance, etc. and usually are just as complicated. To safeguard your legal rights and remedies, the ideal practice is to research your area of need and research what attorneys are available to assist you. A recommendation from someone you know and regard can add a personal element to the decision to hire an law firm but shouldn't be the singular reason counsel is selected. Look into the attorney's background of schooling, practical experience and area(s) of practice. Asking a lot of questions should be urged in this process. Self-help can be empowering but can also limit or negate your recovery. Hiring a lawyer should be considered with exactly the same degree of thought and consideration as that given to the choice of a medical professional, accountant, financial advisor or therapist.
4. QUESTION: How do I know if I require a legal professional?
ANSWER: If you have recently been served with a Summons and similar documents (Complaint, Petition, Motion), you should really endeavor to seek out legal guidance immediately. Documents filed in court that start a lawsuit call for responses that involve exact deadlines; missing those deadlines could damage your defense, limit or avoid your recovery. Some issues by statute involve a "pre-suit" time period that allow you to think about the legal issues and possible resolution before a suit is filed. Similarly, seeking a lawyer at the earliest opportunity is recommended.
5. QUESTION: What is mediation?
ANSWER: Mediation is a process whereby the parties to the case present at an agreed site with their counsel (if retained) and a selected mediator to try and resolve all or a number of the problems involved. Mediators need to be unrelated to all participants and the litigation at issue, are to stay impartial between the parties and their lawyer, and continue maintaining the confidential nature of the conference to recommend settlement and resolution. Usually the parties share the fee of the mediation evenly but other arrangements can be made if all parties are in agreement ahead of the conference. Mediation is generally required in just about every case filed in court and prior to a trial is held.
6. QUESTION: What type of lawyer do I need?
ANSWER: Again, like other businesses, lawyers may specialize in a specific or more than one area. Similarly, law offices may specialize, provide general legal needs or offer services in several unique areas of law. Trial attorneys deal with cases involving lawsuits; family law attorneys handle divorce, child custody/visitation, child support, alimony and associated matters; general practitioners handle almost all matters. Some areas of law are extremely complex, like bankruptcy or taxation; others are delineated by statute, as in worker's compensation. Any attorney should be able to go over your particular issue, determine if he/she is prepared to handle such matters or advise you of the necessity to speak with another in a specialised area.
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