Why Almost Everything You ve Learned About Divorce Lawyers Is Wrong And What You Should Know
If perhaps you have not already, probably sometime in a lifetime you'll need to retain the services of an attorney. With the help of my interview with Tampa Lawyer Christina Mesa, here's a listing of answers to typical and fundamental questions.
1. QUESTION: Do I have to hire an attorney at law in the county where the problem occurs?
ANSWER: No. Many lawyers or attorneys practice in other jurisdictions and other states, based 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 community courthouse personnel, lawyers (likely opposing counsel) and judges. One matter in retaining an attorney outside the area in which the matter takes place is cost of travel time. Some attorneys do not charge for travel, others give you a lowered rate or maintain a billable rate for all work carried out. Discuss that question with each attorney consulted.
2. QUESTION: How can I be certain my attorney is resolving my issues?
ANSWER: Every good attorney accounts for his time (fees) and expenditures (costs). Your retainer agreement should include a confirmation of how the lawyer bills his clients - in advancemonthly, quarterly, etc. You can also track your case in some jurisidictions that supply on-line access to case dockets. If the county has that set up, you are wise to periodically review the docket and see what activities have transpired by your lawyer and the other party/counsel. It's also advisable to feel comfortable getting in touch with your attorney at intervals to learn the status of the issue, knowing you'll likely be billed for these interactions.
3. QUESTION: Exactly how do I pick an attorney or lawyer?
ANSWER: Legal concerns are as vast as those in other sectors, such as medicine, construction, finance, etc. and are generally just as perplexing. To protect your legal rights and remedies, the ideal practice would be to study your area of need and research what lawyers are accessible to help you. A recommendation from somebody you know and admire can add a personal element to the consideration to hire an attorney but should not be the singular reason counsel is selected. Look into the lawyer's background of schooling, expertise and area(s) of practice. Asking a lot of questions should be urged in this process. Self-help could be empowering but can also restrict or negate your recovery. Hiring a law firm should be contemplated with the exact same level of thought and consideration as that given to the selection of a doctor, accountant, financial specialist 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 associated documents (Complaint, Petition, Motion), you should endeavor to seek legal advice now. Papers filed in court that start a lawsuit require responses that involve specific deadlines; missing those deadlines could damage your defense, reduce or avoid your recovery. Some concerns by statute involve a "pre-suit" time period that allow you to consider the legal issues and potential resolution before a lawsuit is filed. Similarly, seeking a lawyer immediately is recommended.
5. QUESTION: Precisely what is mediation?
ANSWER: Mediation is a course of action whereby the parties to the case present at an agreed site with their counsel (if retained) and a selected mediator to try and solve all or a number of the issues involved. Mediators need to be unrelated to all parties and the litigation at issue, are to stay impartial between the parties and their lawyer, and maintain the confidential aspect of the conference to inspire settlement and resolution. Typically the parties share the cost of the mediation evenly but other arrangements can be made if all parties are in agreement ahead of the conference. Mediation is usually required in just about every case filed in court and just before a trial is held.
6. QUESTION: What type of attorney do I need?
ANSWER: Again, like other businesses, lawyers may specialize in a certain or more than one area. Similarly, law offices may specialize, provide general legal needs or offer services in several precise areas of law. Trial lawyers handle cases involving lawsuits; family law attorneys handle divorce cases, child custody/visitation, child support, alimony and associated matters; general practitioners handle almost all matters. Some areas of law are very complex, like bankruptcy or taxation; others are delineated by statute, as in worker's compensation. Any attorney should be able to go over your specific issue, determine if he/she is qualified to take care of such matters or inform you of the necessity to speak with another in a specialized area.
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