Why Everybody Is Talking About Divorce Lawyers...The Simple Truth Revealed
Assuming you haven't previously, probably sometime in a lifetime you will have to retain an attorney at law. With the help of my interview with Tampa Lawyer Christina Mesa, what follows is a number of answers to popular and important questions.
1. QUESTION: How do I know if I require a lawyer?
ANSWER: If you have been served with a Summons and associated documents (Complaint, Petition, Motion), you really should endeavor to seek legal assistance right away. Papers filed in court that begin a lawsuit call for responses that involve exact deadlines; missing out on those deadlines could compromise your defense, limit or avoid your recovery. Some matters by statute involve a "pre-suit" period of time that allow you to consider the legal issues and potential resolution before a suit is filed. Similarly, seeking legal counsel as soon as possible is recommended.
2. QUESTION: Do I have 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 upon on their licensure for the latter. Having knowledge in the county wherein the matter is being litigated is crucial as that attorney will have a comfort level with the neighborhood courthouse personnel, lawyers (likely opposing counsel) and judges. One thing to consider in hiring a lawyer outside the area wherein the matter takes place is cost of journey time. Some attorneys don't charge for travel, others give you a decreased rate or maintain a billable rate for all work conducted. Discuss that question with each lawyer consulted.
3. QUESTION: What exactly is mediation?
ANSWER: Mediation is a process whereby the parties to the matter present at an agreed location with their counsel (if retained) and a chosen mediator to try and solve all or a number of the issues involved. Mediators are to be unrelated to all participants and the litigation at issue, are to remain impartial between the parties and their lawyer, and continue maintaining the confidential structure of the conference to inspire settlement and resolution. Generally the parties share the charge of the mediation equally but other arrangements might be made if all parties are in agreement ahead of the conference. Mediation is normally required in just about every case filed in court and prior to a trial is held.
4. QUESTION: What kind of lawyer do I need?
ANSWER: Again, like other sectors, lawyers may specialise in a certain or more than one area. Similarly, law firms may specialize, offer general legal needs or offer you services in a few unique areas of law. Trial lawyers deal with cases involving lawsuits; family law attorneys handle divorce cases, child custody/visitation, child support, alimony and associated matters; general practitioners handle most matters. Some areas of law are very specialized, 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 prepared to handle such matters or advise you of the need to seek advice from another in a specialized area.
5. QUESTION: How am I able to be certain my lawyer is resolving my problems?
ANSWER: Every good attorney monitors his time (fees) and expenditures (costs). Your retainer arrangement should include a confirmation of how the lawyer bills his clients - month-to-month, quarterly, etc. You may also track your case in some jurisidictions that offer on-line accessibility to case dockets. If the county has that established, you are wise to occasionally review the docket and see what events have transpired by your counsel and the other party/counsel. It's also advisable to feel comfortable contacting your attorney at intervals to determine the status of the issue, understanding you will likely be charged for these interactions.
6. QUESTION: Precisely how do I select an attorney?
ANSWER: Legal troubles are as vast as those in other industries, such as medicine, construction, finance, etc. and usually are just as perplexing. To protect your rights and remedies, the very best practice is to study your area of need and research what legal professionals are accessible to help you. A referral from someone you know and regard can add a personal element to the decision to hire an law firm but really should not be the singular reason counsel is selected. Look into the attorney's background of training, expertise and area(s) of practice. Asking basic questions should be encouraged in this process. Self-help can be strengthening but may also restrict or negate your recovery. Hiring a lawyer should be contemplated with exactly the same level of thought and consideration as that directed at the choice of a medical doctor, accountant, financial consultant or therapist.
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