If you haven’t before now, probably sometime in a lifetime you’ll have to retain legal counsel. Thanks to my consultation with Tampa Attorney Christina Mesa, here’s a list of responses to popular along with fundamental questions.

1. QUESTION: Do I have to hire an attorney or lawyer in the county where the problem occurs?
ANSWER: No. Many attorneys practice in other jurisdictions and other states, depending on their licensure for the latter. Having experience in the county wherein the matter will be litigated is important as that lawyer will have a comfort level with the county courthouse personnel, attorneys (likely opposing counsel) and judges. One thing to consider in retaining legal counsel outside the area wherein 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 carried out. Talk about that question with each lawyer consulted.

2. QUESTION: How can I be certain my lawyer is handling my issues?
ANSWER: Every good attorney monitors his time (fees) and expenditures (costs). Your retainer arrangement should include a statement of how the attorney bills his clients – in advancemonthly, quarterly, etc. You may also 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 activities have transpired by your lawyer and the other party/counsel. It’s also advisable to feel comfortable contacting your attorney at intervals to ascertain the status of the issue, knowing you will likely be billed for these interactions.

3. QUESTION: How do I pick an attorney at law?
ANSWER: Legal issues are as vast as those in other sectors, such as medicine, construction, finance, etc. and are generally just as perplexing. To protect your rights and remedies, the best practice is to study your area of need and research what legal professionals are out there to work with you. A recommendation from somebody you know and admire can bring a personal element to the decision to hire an law firm but should not be the sole reason counsel is selected. Look into the attorney’s background of schooling, experience and area(s) of practice. Asking important questions should be encouraged in this process. Self-help can be strengthening but may also limit or negate your recovery. Hiring a law firm should be contemplated with the same level of thought and consideration as that directed at the choice of a doctor, accountant, financial expert or therapist.

4. QUESTION: How do I know if I need a lawyer?
ANSWER: If you have been served with a Summons and related documents (Complaint, Petition, Motion), you should endeavor to seek out legal assistance now. Documents filed in court that start 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” time period that allow you to take into account the legal issues and possible resolution before a lawsuit is filed. Similarly, seeking a lawyer as soon as possible is recommended.

5. QUESTION: Exactly what 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 resolve all or a number of the problems involved. Mediators are to be unrelated to all participants and the litigation at issue, are to remain impartial amongst the parties and their lawyer, and maintain the confidential aspect of the conference to recommend settlement and resolution. Typically the parties share the cost of the mediation evenly but other arrangements may be made if all parties are in agreement ahead of the conference. Mediation is generally required in just about every case filed in court and prior to a trial is held.

6. QUESTION: What kind of attorney at law do I need?
ANSWER: Again, like other industries, lawyers may specialise in a certain or more than one area. Similarly, law offices may specialize, offer general legal needs or provide services in several unique areas of law. Trial attorneys handle cases involving lawsuits; family law attorneys handle divorce cases, child custody/visitation, child support, alimony and related matters; general practitioners handle nearly all matters. Some areas of law are extremely specialized, like bankruptcy or taxation; some are delineated by statute, like worker’s compensation. Any attorney can go over your particular issue, determine if he or she is qualified to handle such matters or advise you of the need to speak with another in a specialised area.

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