Why You Need A Divorce Lawyer
In case you have not by now, chances are that sometime in your own lifetime you'll have to retain an attorney. With the help of my interview with Tampa Lawyer Christina Mesa, here's a variety of responses to typical along with worthwhile questions.
1. QUESTION: How do I know if I need a lawyer?
ANSWER: If you have been recently served with a Summons and related documents (Complaint, Petition, Motion), you should endeavor to seek legal guidance right away. Papers filed in court that start a lawsuit necessitate responses that involve exact deadlines; missing those deadlines could damage your defense, restrict or avoid your recovery. Some concerns by statute involve a "pre-suit" period of time that enable you to consider the legal issues and potential resolution before a suit is filed. Similarly, seeking legal counsel as soon as possible is advised.
2. QUESTION: Do I need to hire an attorney in the county where the issue occurs?
ANSWER: No. Many attorneys practice in other counties and other states, based on their licensure for the latter. Having experience in the county in which the matter will be litigated is essential as that attorney will have a level of comfort with the local courthouse personnel, lawyers (likely opposing counsel) and judges. One consideration in retaining an attorney outside the area in which the matter takes place is cost of journey time. Some lawyers don't charge for travel, others offer a lowered rate or preserve a billable rate for all work conducted. Clarify that question with each lawyer consulted.
3. QUESTION: What is mediation?
ANSWER: Mediation is a course of action whereby the parties to the matter present at an agreed location with their counsel (if retained) and a selected mediator to try and solve all or some of the issues involved. Mediators should be unrelated to all participants and the litigation at issue, are to stay impartial amongst the parties and their lawyer, and maintain the confidential structure of the conference to inspire settlement and resolution. Typically the parties share the cost of the mediation equally but other arrangements may be made if all parties are in agreement in advance of the conference. Mediation is typically required in just about every case filed in court and before a trial is held.
4. QUESTION: What kind of law firm 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 specific areas of law. Trial attorneys handle cases involving lawsuits; family law attorneys handle divorce cases, child custody/visitation, child support, alimony and associated matters; general practitioners handle nearly all matters. Some areas of law are extremely specialized, like bankruptcy or taxation; some are delineated by statute, as in worker's compensation. Any lawyer can talk about your particular issue, determine if he/she is qualified to take care of such matters or advise you of the necessity to seek advice from another in a specialized area.
5. QUESTION: How can I be sure my lawyer is resolving my problems?
ANSWER: Every good lawyer keeps track of his time (fees) and expenditures (costs). Your retainer arrangement should include a affirmation of how the attorney bills his clients - once a month, quarterly, etc. You may even track your case in some jurisidictions that supply on-line accessibility to case dockets. If the county has that set up, you're wise to occasionally review the docket and see what events have transpired by your lawyer and the other party/counsel. You should also feel comfortable getting in contact with your attorney at intervals to ascertain the status of the matter, knowing you will likely be billed for these interactions.
6. QUESTION: How do I select an attorney or lawyer?
ANSWER: Legal difficulties are as vast as those in other sectors, such as medicine, construction, finance, etc. and usually are just as complex. To protect your rights and remedies, the ideal practice is to investigate your area of need and research what legal professionals are available to assist you. A referral from someone you know and regard can add a personal element to the consideration to hire an law firm but should not be the only reason counsel is chosen. Research the attorney's background of training, practical experience and area(s) of practice. Asking a lot of questions should be encouraged in this process. Self-help could be empowering but can also limit or negate your recovery. Hiring a lawyer should be considered with the same level of thought and consideration as that directed at the choice of a physician, accountant, financial specialist or therapist.
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