What Everybody Ought To Know About Divorce Lawyers
In the case you have not before now, probably sometime in a lifetime you'll need to retain the services of an attorney at law. Thanks to my interview with Tampa Lawyer Christina Mesa, here is a selection of answers to common as well as imperative questions.
1. QUESTION: How do I know if I need a lawyer?
ANSWER: If you have recently been served with a Summons and related documents (Complaint, Petition, Motion), you should really endeavor to seek out legal guidance right away. Papers filed in court that begin a lawsuit call for responses that involve exact deadlines; skipping those deadlines could damage your defense, limit or avoid your recovery. Some concerns by statute involve a "pre-suit" time period that allow you to think about the legal issues and probable resolution before a suit is filed. Similarly, seeking a lawyer as quickly as possible is recommended.
2. QUESTION: Do I need to hire an attorney at law in the county where the problem occurs?
ANSWER: No. Many lawyers practice in other counties and other states, based on their licensure for the latter. Having experience in the county wherein the matter is being litigated is essential as that lawyer will have a level of comfort with the community courthouse personnel, attorneys (likely opposing lawyer) and judges. One consideration in retaining legal counsel outside the area wherein the matter takes place is cost of journey time. Some lawyers do not charge for travel, others offer a reduced rate or maintain a billable rate for all work conducted. Discuss 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 area with their counsel (if retained) and a decided on mediator to try and resolve all or a number of the problems involved. Mediators need to be unrelated to all parties and the litigation at issue, are to stay impartial amongst the parties and their lawyer, and continue maintaining the confidential structure of the conference to inspire settlement and resolution. Generally the parties share the cost of the mediation evenly but other arrangements might 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.
4. QUESTION: What type of lawyer do I need?
ANSWER: Again, like other sectors, lawyers may specialize in a certain or more than one area. Similarly, law offices may specialize, provide general legal needs or provide services in a few unique areas of law. Trial attorneys deal with cases involving lawsuits; family law lawyers handle divorce cases, child custody/visitation, child support, alimony and related matters; general practitioners handle most matters. Some areas of law are extremely complex, like bankruptcy or taxation; some are delineated by statute, like worker's compensation. Any lawyer can go over your specific issue, determine if he or she is prepared to take care of such matters or inform you of the necessity to consult with another in a specialized area.
5. QUESTION: How may I be sure my lawyer is resolving my issues?
ANSWER: Every good lawyer keeps track of his time (fees) and expenses (costs). Your retainer arrangement should include a affirmation of how the attorney bills his clients - month-to-month, quarterly, etc. You may also track your case in some jurisidictions that provide on-line access to case dockets. If the county has that established, you're wise to occasionally review the docket and see what activities have transpired by your counsel and the other party/counsel. It's also advisable to feel at ease contacting your lawyer at intervals to determine the status of the matter, knowing you'll likely be charged for these communications.
6. QUESTION: Just how do I select an attorney?
ANSWER: Legal subjects are as vast as those in other industries, such as medicine, construction, finance, etc. and can be just as complicated. To protect your rights and remedies, the best practice would be to investigate your area of need and research what attorneys are accessible to help you. A referral from someone you know and admire can add a personal element to the consideration to hire an lawyer but shouldn't be the singular reason counsel is picked. Research the lawyer's background of schooling, practical experience and area(s) of practice. Asking questions should be encouraged in this process. Self-help can be strengthening but may also reduce or negate your recovery. Hiring a lawyer should be considered with exactly the same degree of thought and consideration as that given to the pick of a doctor, accountant, financial specialist or therapist.
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