If perhaps you haven’t previously, probably sometime in your lifetime you will have to retain the services of legal counsel. Thanks to my discussion with Tampa Attorney Christina Mesa, below is a listing of answers to very common and fundamental questions.

1. QUESTION: How do I know if I need a lawyer?
ANSWER: If you have recently been served with a Summons and comparable documents (Complaint, Petition, Motion), you should really endeavor to seek out 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, restrict or avoid your recovery. Some issues by statute involve a “pre-suit” time period that allow you to take into account the legal issues and probable resolution before a lawsuit is filed. Similarly, seeking legal counsel as quickly as possible is advised.

2. QUESTION: Do I have to hire an attorney or lawyer in the county where the problem occurs?
ANSWER: No. Many attorneys practice in other counties and other states, based on their licensure for the latter. Having knowledge in the county wherein the matter will be litigated is essential as that attorney will have a comfort level with the community courthouse personnel, attorneys (likely opposing counsel) and judges. One thing to consider in hiring an attorney away from area wherein the matter occurs is cost of journey time. Some lawyers do not charge for travel, others offer a lowered rate or maintain a billable rate for all work carried out. Clarify 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 decided on mediator to try and solve all or a number of the concerns involved. Mediators should be unrelated to all participants and the litigation at issue, are to stay impartial amongst the parties and their counsel, and continue maintaining the confidential structure of the conference to inspire settlement and resolution. Usually the parties share the charge of the mediation equally but other arrangements can 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 attorney do I need?
ANSWER: Again, like other industries, lawyers may specialize in a certain or more than one area. Similarly, law firms may specialize, provide general legal needs or offer you services in several specific areas of law. Trial lawyers deal with cases involving lawsuits; family law attorneys handle separation and divorce, child custody/visitation, child support, alimony and related matters; general practitioners handle almost all matters. Some areas of law are extremely specialized, like bankruptcy or taxation; some are delineated by statute, such as worker’s compensation. Any lawyer can discuss your specific issue, determine if he or she is qualified to handle such matters or inform you of the necessity to seek advice from another in a specialized area.

5. QUESTION: How may I be certain my lawyer is resolving my issues?
ANSWER: Every good attorney keeps track of his time (fees) and expenditures (costs). Your retainer agreement should include a confirmation of how the lawyer bills his clients – monthly, quarterly, etc. You may even keep track of your case in some jurisidictions that provide on-line access to case dockets. If the county has that established, you are wise to routinely review the docket and see what events have taken place by your counsel and the other party/counsel. It’s also advisable to feel at ease contacting your attorney at intervals to determine the status of the matter, knowing you will likely be billed for these interactions.

6. QUESTION: Just how do I select an attorney at law?
ANSWER: Legal troubles are as vast as those in other sectors, such as medicine, construction, finance, etc. and are generally just as complex. To safeguard your legal rights and remedies, the ideal practice is to study your area of need and research what lawyers are out there to work with you. A recommendation from someone you know and regard can bring a personal element to the consideration to hire an law firm but really should not be the only reason counsel is picked. Research the lawyer’s background of schooling, experience and area(s) of practice. Asking important questions should be encouraged in this process. Self-help can be empowering but may also restrict or negate your recovery. Hiring a legal professional should be considered with the same degree of thought and consideration as that directed at the selection of a doctor, accountant, financial specialist or therapist.

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