Shhhh... Listen Do You Hear The Sound Of Divorce Lawyers
If you have not previously, chances are that sometime in your life you will need to seek the services of legal counsel. Thanks to my discussion with Tampa Lawyer Christina Mesa, here's a selection of responses to common and fundamental questions.
1. QUESTION: Do I need to hire an attorney or lawyer in the county where the case occurs?
ANSWER: No. Many lawyers practice in other counties and other states, depending on their licensure for the latter. Having knowledge in the county wherein the matter will be litigated is essential as that attorney will have a comfort level with the local courthouse personnel, attorneys (likely opposing counsel) and judges. One matter in retaining legal counsel outside the area wherein the matter occurs is cost of journey time. Some attorneys don't charge for travel, others offer a reduced rate or maintain a billable rate for all work performed. Clarify that question with each attorney consulted.
2. QUESTION: How can I make certain my attorney is resolving my problems?
ANSWER: Every good attorney keeps track of his time (fees) and expenses (costs). Your retainer arrangement should include a confirmation of how the attorney bills his clients - once a month, quarterly, etc. You can also track your case in some jurisidictions that offer on-line accessibility to case dockets. If the county has that available, you're wise to routinely review the docket and see what activities have taken place by your counsel and the other party/counsel. In addition feel comfortable getting in contact with your lawyer at intervals to learn the status of the matter, understanding you'll likely be charged for these communications.
3. QUESTION: Exactly how do I select an attorney at law?
ANSWER: Legal troubles are as vast as those in other sectors, such as medicine, construction, finance, etc. and may be just as perplexing. To protect your legal rights and remedies, the ideal practice would be to investigate your area of need and research what legal professionals are around to work with you. A recommendation from somebody you know and admire can add a personal element to the consideration to hire an attorney but really should not be the singular reason counsel is picked. Look into the attorney's background of education, practical experience and area(s) of practice. Asking basic questions should be urged in this process. Self-help could be strengthening but may also restrict or negate your recovery. Hiring a lawyer should be considered with the exact same degree of thought and consideration as that given to the choice of a physician, accountant, financial advisor or therapist.
4. QUESTION: How do I determine if I need a lawyer?
ANSWER: If you have recently been served with a Summons and comparable documents (Complaint, Petition, Motion), you should endeavor to look for legal advice immediately. Documents filed in court that begin a lawsuit call for responses that involve specific deadlines; missing out on those deadlines could damage your defense, reduce or avoid your recovery. Some concerns by statute involve a "pre-suit" period that enable you to consider the legal issues and probable resolution before a lawsuit is filed. Similarly, seeking a lawyer as quickly as possible is recommended.
5. QUESTION: What exactly is mediation?
ANSWER: Mediation is a course of action whereby the parties to the matter present at an agreed area with their counsel (if retained) and a selected mediator to try and solve all or some of the issues involved. Mediators need to be unrelated to all participants and the litigation at issue, are to stay impartial in between the parties and their lawyer, and continue maintaining the confidential structure of the conference to recommend settlement and resolution. Typically the parties share the fee of the mediation evenly but other arrangements can be made if all parties are in agreement in advance of the conference. Mediation is normally required in just about every case filed in court and before a trial is held.
6. QUESTION: What type of lawyer do I need?
ANSWER: Again, like other sectors, lawyers may specialize in a specific or more than one area. Similarly, law firms may specialize, offer general legal needs or provide services in a few unique areas of law. Trial lawyers handle cases involving lawsuits; family law attorneys handle separation and divorce, child custody/visitation, child support, alimony and related matters; general practitioners handle almost all matters. Some areas of law are very complex, like bankruptcy or taxation; some are delineated by statute, like worker's compensation. Any attorney should be able to talk about your particular issue, determine if he or she is qualified to take care of such matters or inform you of the need to consult with another in a specialised area.
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