What Makes A Divorce Lawyer
In the event that you have not before now, probably sometime in your lifetime you'll need to retain legal counsel. Thanks to my discussion with Tampa Lawyer Christina Mesa, below is a list of answers to frequent and imperative questions.
1. QUESTION: How do I know if I need a lawyer or attorney?
ANSWER: If you have already been served with a Summons and related documents (Complaint, Petition, Motion), you should really endeavor to seek out legal advice immediately. Papers filed in court that commence a lawsuit necessitate responses that involve specific deadlines; missing those deadlines could compromise your defense, limit or avoid your recovery. Some issues by statute involve a "pre-suit" period of time that enable you to consider the legal issues and potential resolution before a lawsuit is filed. Similarly, seeking a lawyer at the earliest opportunity is recommended.
2. QUESTION: Do I have to hire an attorney 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 will be litigated is important as that lawyer will have a comfort level with the local courthouse personnel, attorneys (likely opposing counsel) and judges. One consideration in hiring a lawyer outside the area in which the matter takes place is cost of journey time. Some attorneys do not charge for travel, others give you a decreased rate or preserve a billable rate for all work performed. Clarify that question with each lawyer consulted.
3. QUESTION: Precisely what is mediation?
ANSWER: Mediation is a course of action whereby the parties to the issue present at an agreed site with their counsel (if retained) and a decided on 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 between the parties and their counsel, and maintain the confidential nature of the conference to encourage settlement and resolution. Typically the parties share the cost of the mediation equally 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.
4. QUESTION: What type of lawyer do I need?
ANSWER: Again, like other businesses, attorneys may specialise in a specific or more than one area. Similarly, law offices may specialize, offer general legal needs or offer you 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 nearly all matters. Some areas of law are very technical, like bankruptcy or taxation; others are delineated by statute, as in worker's compensation. Any lawyer can discuss your particular issue, determine if he or she is prepared to handle such matters or advise you of the necessity to seek advice from another in a specialised area.
5. QUESTION: How am I able to be certain my lawyer is resolving my issues?
ANSWER: Every good lawyer monitors his time (fees) and expenditures (costs). Your retainer agreement should include a confirmation of how the lawyer bills his clients - once a month, quarterly, etc. You may also keep track of your case in some jurisidictions that supply on-line access to case dockets. If the county has that established, you are 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 getting in contact with your attorney at intervals to determine the status of the issue, knowing you will likely be charged for these communications.
6. QUESTION: Exactly how do I select an attorney?
ANSWER: Legal concerns are as vast as those in other industries, such as medicine, construction, finance, etc. and can be just as complex. To protect your rights and remedies, the very best practice is to study your area of need and research what law firms are out there to work with you. A referral from someone you know and admire can bring a personal element to the decision to hire an lawyer but really should not be the only reason counsel is picked. Research the lawyer's background of schooling, practical experience and area(s) of practice. Asking basic questions should be encouraged in this process. Self-help can be empowering but can also limit or negate your recovery. Hiring a law firm should be considered with the exact same level of thought and consideration as that given to the pick of a doctor, accountant, financial advisor or therapist.
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