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Group logo of What The Experts Aren't Saying About Divorce Lawyers And How It Affects You

What The Experts Aren’t Saying About Divorce Lawyers And How It Affects You

Public Group active 8 years, 8 months ago ago

Assuming you have not by now, probably sometime in your lifetime you’ll have to employ legal counsel. Thanks to my consultation with Tampa Lawyer Christina Mesa, below is a listing of responses to typical as well as imperative questions.

1. QUESTION: How do I know if I need a lawyer or attorney?
ANSWER: If you have recently been served with a Summons and similar documents (Complaint, Petition, Motion), you should really endeavor to look for legal advice right away. Papers filed in court that start a lawsuit necessitate responses that involve specific deadlines; skipping those deadlines could damage your defense, reduce or avoid your recovery. Some issues by statute involve a “pre-suit” time period that enable you to consider the legal issues and possible resolution before a lawsuit is filed. Similarly, seeking legal counsel at the earliest opportunity is advised.

2. QUESTION: Do I have to hire an attorney or lawyer in the county where the issue occurs?
ANSWER: No. Many attorneys practice in other counties and other states, based upon on their licensure for the latter. Having experience in the county in which the matter is being litigated is crucial as that lawyer will have a comfort level with the local courthouse personnel, attorneys (likely opposing lawyer) and judges. One consideration in retaining legal counsel outside the area wherein the matter occurs is cost of travel time. Some lawyers do not charge for travel, others offer a lowered rate or maintain a billable rate for all work performed. Clarify that question with each lawyer consulted.

3. QUESTION: What exactly is mediation?
ANSWER: Mediation is a course of action whereby the parties to the issue present at an agreed place with their counsel (if retained) and a chosen mediator to try and solve all or a number of the issues involved. Mediators should be unrelated to all participants and the litigation at issue, are to remain impartial between the parties and their counsel, and maintain the confidential structure of the conference to encourage settlement and resolution. Usually the parties share the cost of the mediation evenly but other arrangements may be made if all parties are in agreement in advance of the conference. Mediation is normally required in every case filed in court and before a trial is held.

4. QUESTION: What type of attorney at law do I need?
ANSWER: Again, like other businesses, lawyers may specialise in a certain or more than one area. Similarly, law offices may specialize, offer general legal needs or offer services in several precise areas of law. Trial lawyers deal with cases involving lawsuits; family law lawyers handle divorce, child custody/visitation, child support, alimony and associated matters; general practitioners handle almost all matters. Some areas of law are extremely technical, like bankruptcy or taxation; others are delineated by statute, such as worker’s compensation. Any lawyer should be able to talk about your particular issue, determine if he or she is qualified to handle such matters or advise you of the need to seek advice from another in a specialised area.

5. QUESTION: How may I be sure my lawyer is handling my problems?
ANSWER: Every good attorney monitors his time (fees) and expenditures (costs). Your retainer agreement should include a confirmation of how the lawyer bills his clients – monthly, quarterly, etc. You may also keep track of your case in some jurisidictions that offer on-line access to case dockets. If the county has that established, you’re wise to periodically review the docket and see what events have transpired by your counsel and the other party/counsel. It’s also advisable to feel at ease getting in contact with your attorney at intervals to ascertain the status of the matter, knowing you’ll likely be billed for these communications.

6. QUESTION: Precisely how do I select an attorney at law?
ANSWER: Legal troubles are as vast as those in other industries, such as medicine, construction, finance, etc. and are generally just as complicated. To safeguard your legal rights and remedies, the very 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 admire can add a personal element to the consideration to hire an law firm but really should not be the exclusive reason counsel is chosen. Research the lawyer’s background of schooling, experience and area(s) of practice. Asking questions should be urged in this process. Self-help could be strengthening but can also reduce or negate your recovery. Hiring a lawyer should be contemplated with the same degree of thought and consideration as that given to the choice of a doctor, accountant, financial expert or therapist.

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