If you have not before now, probably sometime in a lifetime you will have to hire a lawyer. Thanks to my consultation with Tampa Attorney Christina Mesa, here’s a list of responses to frequent as well as important questions.

1. QUESTION: How do I know if I need a lawyer?
ANSWER: If you have been served with a Summons and similar documents (Complaint, Petition, Motion), you should really endeavor to find legal guidance right away. Papers filed in court that begin a lawsuit necessitate responses that involve particular deadlines; missing those deadlines could damage your defense, limit or avoid your recovery. Some concerns by statute involve a “pre-suit” period that enable you to think about the legal issues and probable resolution before a lawsuit is filed. Similarly, seeking a lawyer as soon as possible is advised.

2. QUESTION: Do I have to hire an attorney or lawyer 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 wherein the matter is being litigated is essential as that attorney will have a comfort level with the local courthouse personnel, attorneys (likely opposing counsel) and judges. One consideration in retaining an attorney away from area in which the matter takes place is cost of journey time. Some lawyers do not charge for travel, others offer a decreased rate or maintain a billable rate for all work performed. Clarify that question with each lawyer consulted.

3. QUESTION: Exactly what is mediation?
ANSWER: Mediation is a process whereby the parties to the matter present at an agreed area with their counsel (if retained) and a selected mediator to try and solve all or some of the issues involved. Mediators need to be unrelated to all participants and the litigation at issue, are to remain impartial in between the parties and their lawyer, and maintain the confidential structure of the conference to recommend settlement and resolution. Usually the parties share the charge of the mediation equally but other arrangements might 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 businesses, attorneys may concentrate in a specific or more than one area. Similarly, law firms may specialize, offer general legal needs or offer you services in several unique areas of law. Trial lawyers handle cases involving lawsuits; family law lawyers handle separation and divorce, child custody/visitation, child support, alimony and related matters; general practitioners handle most matters. Some areas of law are extremely specialized, like bankruptcy or taxation; others are delineated by statute, such as worker’s compensation. Any attorney can talk about your particular issue, determine if he or she is qualified to take care of such matters or inform you of the need to speak with another in a specialized area.

5. QUESTION: How can I be sure my attorney is resolving my issues?
ANSWER: Every good attorney keeps track of his time (fees) and expenditures (costs). Your retainer agreement should include a affirmation of how the lawyer bills his clients – once a month, quarterly, etc. You may also keep track of your case in some jurisidictions that supply on-line accessibility to case dockets. If the county has that established, you are wise to periodically review the docket and see what events have transpired by your lawyer and the other party/counsel. You should also feel at ease contacting your attorney at intervals to determine the status of the matter, knowing you will likely be charged for these communications.

6. QUESTION: Precisely how do I select an attorney?
ANSWER: Legal subjects are as vast as those in other industries, such as medicine, construction, finance, etc. and might be just as complex. To safeguard your legal rights and remedies, the ideal practice would be to research your area of need and research what lawyers are around to help you. A recommendation from someone you know and regard can add a personal element to the consideration to hire an attorney but should not be the only reason counsel is picked. Research the lawyer’s background of training, expertise and area(s) of practice. Asking important questions should be urged in this process. Self-help could be empowering but may also restrict or negate your recovery. Hiring a law firm should be contemplated with the exact same level of thought and consideration as that directed at the selection of a medical professional, accountant, financial expert or therapist.

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