In the instance that you haven’t by now, probably sometime in your own lifetime you will need to retain the services of legal counsel. Thanks to my discussion with Tampa Lawyer Christina Mesa, below is a selection of answers to frequent as well as fundamental questions.

1. QUESTION: How do I know if I will 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 legal assistance immediately. Papers filed in court that begin a lawsuit call for responses that involve specific deadlines; missing those deadlines could compromise your defense, reduce or avoid your recovery. Some concerns by statute involve a “pre-suit” time period 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 recommended.

2. QUESTION: Do I need to hire an attorney or lawyer 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 will be litigated is crucial as that attorney will have a level of comfort with the community courthouse personnel, attorneys (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 don’t charge for travel, others offer a lowered rate or preserve a billable rate for all work carried out. Discuss that question with each lawyer consulted.

3. QUESTION: Precisely 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 problems involved. Mediators should be unrelated to all parties and the litigation at issue, are to remain impartial in between the parties and their lawyer, and continue maintaining the confidential structure of the conference to recommend settlement and resolution. Usually the parties share the fee of the mediation equally but other arrangements may be made if all parties are in agreement in advance of the conference. Mediation is generally required in just about every case filed in court and before a trial is held.

4. QUESTION: What type of lawyer do I need?
ANSWER: Again, like other industries, lawyers may specialise in a certain or more than one area. Similarly, law offices may specialize, provide general legal needs or provide 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 associated matters; general practitioners handle almost all matters. Some areas of law are very technical, like bankruptcy or taxation; others are delineated by statute, as in worker’s compensation. Any attorney can go over your particular issue, determine if he/she is prepared to handle such matters or advise you of the necessity to seek advice from another in a specialized area.

5. QUESTION: How may I make sure my attorney is handling my issues?
ANSWER: Every good attorney keeps track of his time (fees) and expenses (costs). Your retainer arrangement should include a confirmation of how the attorney bills his clients – month-to-month, quarterly, etc. You may also track your case in some jurisidictions that provide on-line access to case dockets. If the county has that established, you are wise to periodically review the docket and see what events have taken place by your counsel and the other party/counsel. You should also feel at ease getting in touch with your attorney at intervals to determine the status of the matter, understanding you’ll likely be billed for these communications.

6. QUESTION: How do I select an attorney or lawyer?
ANSWER: Legal troubles are as vast as those in other sectors, such as medicine, construction, finance, etc. and are generally just as complicated. To safeguard your legal rights and remedies, the ideal practice would be to investigate your area of need and research what legal professionals are available to assist you. A referral from someone you know and admire can bring a personal element to the plan to hire an law firm but should not be the sole reason counsel is selected. Look into the attorney’s background of schooling, expertise and area(s) of practice. Asking questions should be encouraged in this process. Self-help can be strengthening but can also limit or negate your recovery. Hiring a law firm should be contemplated with the same degree of thought and consideration as that given to the choice of a doctor, accountant, financial consultant or therapist.

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