If perhaps you haven’t by now, chances are that sometime in your own life you will want to retain an attorney at law. Thanks to my interview with Tampa Lawyer Christina Mesa, what follows is a selection of answers to frequent as well as important questions.

1. QUESTION: How do I know if I require a lawyer or attorney?
ANSWER: If you have been served with a Summons and related documents (Complaint, Petition, Motion), you should endeavor to seek legal guidance immediately. Papers filed in court that begin a lawsuit require responses that involve specific deadlines; skipping those deadlines could compromise your defense, restrict or avoid your recovery. Some matters by statute involve a “pre-suit” time period that enable you to consider the legal issues and probable resolution before a lawsuit is filed. Similarly, seeking a lawyer as quickly as possible is recommended.

2. QUESTION: Do I need to hire an attorney at law in the county where the issue occurs?
ANSWER: No. Many lawyers or attorneys practice in other counties and other states, depending on their licensure for the latter. Having knowledge in the county in which the matter will be litigated is crucial as that lawyer will have a comfort level with the local courthouse personnel, attorneys (likely opposing counsel) and judges. One consideration in hiring legal counsel outside the area in which the matter takes place is cost of travel time. Some lawyers don’t charge for travel, others offer a decreased rate or maintain a billable rate for all work carried out. Discuss that question with each lawyer consulted.

3. QUESTION: What is mediation?
ANSWER: Mediation is a course of action whereby the parties to the issue present at an agreed area with their counsel (if retained) and a chosen mediator to try and resolve all or some of the problems involved. Mediators need to be unrelated to all parties and the litigation at issue, are to remain impartial between the parties and their lawyer, and continue maintaining the confidential aspect of the conference to encourage settlement and resolution. Generally the parties share the charge of the mediation evenly but other arrangements can be made if all parties are in agreement ahead of the conference. Mediation is typically required in every case filed in court and just before a trial is held.

4. QUESTION: What type of lawyer do I need?
ANSWER: Again, like other businesses, attorneys may concentrate in a certain or more than one area. Similarly, law offices may specialize, offer general legal needs or offer services in a few precise areas of law. Trial lawyers handle cases involving lawsuits; family law attorneys handle divorce cases, child custody/visitation, child support, alimony and associated matters; general practitioners handle nearly all matters. Some areas of law are extremely specialized, like bankruptcy or taxation; some are delineated by statute, as in worker’s compensation. Any lawyer can talk about your specific issue, determine if he/she is qualified to take care of such matters or inform you of the need to consult with another in a specialised area.

5. QUESTION: How am I able to be sure my attorney is handling my problems?
ANSWER: Every good attorney keeps track of his time (fees) and expenditures (costs). Your retainer agreement should include a confirmation of how the attorney bills his clients – month-to-month, quarterly, etc. You may even keep track of your case in some jurisidictions that provide on-line accessibility to case dockets. If the county has that set up, you’re wise to periodically review the docket and see what activities have taken place by your lawyer and the other party/counsel. It’s also advisable to feel at ease getting in touch with your attorney at intervals to determine the status of the matter, knowing you will 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 industries, such as medicine, construction, finance, etc. and are generally just as complicated. To protect your rights and remedies, the best practice would be to study your area of need and research what legal professionals are around to assist you. A recommendation from someone you know and regard can add a personal element to the plan to hire an lawyer but really should not be the singular reason counsel is picked. Research the attorney’s background of education, expertise and area(s) of practice. Asking questions should be encouraged in this process. Self-help can be strengthening but may also restrict or negate your recovery. Hiring a lawyer should be considered with exactly the same degree of thought and consideration as that given to the choice of a medical doctor, accountant, financial advisor or therapist.

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