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Are You Embarrassed By Your Divorce Lawyer Skills? Here’s What To Do
Public Group active 8 years, 8 months ago agoAssuming you haven’t already, probably sometime in your life you’ll have to retain a lawyer. Thanks to my interview with Tampa Attorney Christina Mesa, listed here is a listing of responses to basic as well as imperative questions.
1. QUESTION: How do I know if I require a lawyer?
ANSWER: If you have already been served with a Summons and similar documents (Complaint, Petition, Motion), you really should endeavor to look for legal assistance without delay. Papers filed in court that start a lawsuit require responses that involve particular deadlines; missing those deadlines could compromise your defense, reduce or avoid your recovery. Some issues by statute involve a “pre-suit” period of time that allow you to consider the legal issues and probable resolution before a suit is filed. Similarly, seeking a lawyer immediately is advised.
2. QUESTION: Do I need to hire an attorney in the county where the problem occurs?
ANSWER: No. Many lawyers or attorneys practice in other counties and other states, depending on their licensure for the latter. Having experience in the county in which the matter will be litigated is important as that attorney will have a comfort level with the community courthouse personnel, lawyers (likely opposing counsel) and judges. One thing to consider in hiring an attorney away from area in which the matter occurs is cost of travel time. Some attorneys do not charge for travel, others offer a decreased rate or maintain a billable rate for all work performed. Discuss that question with each lawyer consulted.
3. QUESTION: What is mediation?
ANSWER: Mediation is a process whereby the parties to the issue present at an agreed area with their counsel (if retained) and a selected mediator to try and resolve all or some of the concerns involved. Mediators are 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 nature of the conference to recommend settlement and resolution. Generally 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 typically required in just about every case filed in court and prior to a trial is held.
4. QUESTION: What kind of attorney do I need?
ANSWER: Again, like other industries, attorneys may specialize in a specific or more than one area. Similarly, law offices may specialize, offer general legal needs or provide services in a few precise 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 most matters. Some areas of law are extremely complex, like bankruptcy or taxation; some are delineated by statute, like worker’s compensation. Any lawyer should be able to go over your particular issue, determine if he/she is prepared to take care of such matters or inform you of the necessity to consult with another in a specialised area.
5. QUESTION: How am I able to make sure my lawyer is handling my problems?
ANSWER: Every good lawyer monitors his time (fees) and expenses (costs). Your retainer agreement should include a confirmation of how the attorney bills his clients – monthly, quarterly, etc. You may even track your case in some jurisidictions that offer on-line access to case dockets. If the county has that established, 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 lawyer at intervals to ascertain the status of the issue, understanding you will likely be charged for these interactions.
6. QUESTION: Precisely how do I select an attorney at law?
ANSWER: Legal subjects are as vast as those in other industries, such as medicine, construction, finance, etc. and usually are just as perplexing. To protect your legal rights and remedies, the best practice would be to study your area of need and research what law firms are available to assist you. A recommendation from someone you know and admire can add a personal element to the decision to hire an law firm but shouldn’t be the sole reason counsel is chosen. Research the lawyer’s background of schooling, practical experience and area(s) of practice. Asking questions should be urged in this process. Self-help can be empowering but can also reduce or negate your recovery. Hiring a legal professional should be contemplated with the same degree of thought and consideration as that given to the choice of a medical professional, accountant, financial consultant or therapist.
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