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Group logo of Do You Need A Divorce Lawyer?

Do You Need A Divorce Lawyer?

Public Group active 8 years, 11 months ago ago

Assuming you haven’t by now, probably sometime in your life you will need to retain the services of a lawyer. With the help of my interview with Tampa Lawyer Christina Mesa, this is a listing of responses to frequent and worthwhile questions.

1. QUESTION: How do I know if I will need a legal professional?
ANSWER: If you have been recently served with a Summons and associated documents (Complaint, Petition, Motion), you should really endeavor to find legal guidance without delay. Papers filed in court that begin a lawsuit necessitate responses that involve exact deadlines; skipping those deadlines could compromise your defense, restrict or avoid your recovery. Some concerns by statute involve a “pre-suit” period of time that allow you to take into account the legal issues and potential resolution before a suit is filed. Similarly, seeking a lawyer as quickly as possible is advised.

2. QUESTION: Do I need 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 in which the matter is being litigated is essential as that attorney will have a level of comfort with the neighborhood courthouse personnel, lawyers (likely opposing counsel) and judges. One thing to consider in retaining an attorney outside the area wherein the matter occurs is cost of travel time. Some attorneys 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 is mediation?
ANSWER: Mediation is a course of action whereby the parties to the matter present at an agreed site with their counsel (if retained) and a chosen mediator to try and solve all or a number of the concerns involved. Mediators need to be unrelated to all parties 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 recommend settlement and resolution. Generally the parties share the charge of the mediation evenly but other arrangements may be made if all parties are in agreement ahead of the conference. Mediation is typically required in every case filed in court and prior to a trial is held.

4. QUESTION: What type of attorney at law do I need?
ANSWER: Again, like other sectors, lawyers may concentrate in a specific or more than one area. Similarly, law offices may specialize, offer general legal needs or offer services in several unique areas of law. Trial attorneys deal with cases involving lawsuits; family law lawyers handle divorce cases, child custody/visitation, child support, alimony and associated matters; general practitioners handle most matters. Some areas of law are very complex, like bankruptcy or taxation; others are delineated by statute, such as worker’s compensation. Any attorney can discuss your specific 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 can I be certain my lawyer is resolving my issues?
ANSWER: Every good lawyer keeps track of his time (fees) and expenses (costs). Your retainer agreement 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 access to case dockets. If the county has that set up, you’re wise to routinely review the docket and see what events have transpired by your counsel and the other party/counsel. You should also feel comfortable contacting your attorney at intervals to learn the status of the matter, understanding you will likely be charged for these interactions.

6. QUESTION: How do I select an attorney at law?
ANSWER: Legal matters are as vast as those in other industries, such as medicine, construction, finance, etc. and are generally just as complex. To safeguard your legal rights and remedies, the very best practice would be to study your area of need and research what attorneys are available to work with you. A recommendation from someone you know and admire can bring a personal element to the consideration to hire an attorney but really should not be the singular reason counsel is chosen. Research the lawyer’s background of training, experience and area(s) of practice. Asking basic questions should be urged in this process. Self-help could be empowering but may also limit or negate your recovery. Hiring a law firm should be considered with the same level of thought and consideration as that given to the pick of a medical professional, accountant, financial expert or therapist.

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