Assuming you have not already, chances are that sometime in a lifetime you will need to seek the services of legal counsel. With the help of my discussion with Tampa Attorney Christina Mesa, below is a listing of answers to common as well as worthwhile questions.

1. QUESTION: How do I know if I require a lawyer?
ANSWER: If you have already been served with a Summons and similar documents (Complaint, Petition, Motion), you should really endeavor to find legal advice immediately. Papers filed in court that commence a lawsuit require responses that involve particular deadlines; missing those deadlines could damage your defense, limit or avoid your recovery. Some issues by statute involve a “pre-suit” time period that enable you to take into account the legal issues and potential resolution before a lawsuit is filed. Similarly, seeking a lawyer as quickly as possible is recommended.

2. QUESTION: Do I have to hire an attorney or lawyer in the county where the issue occurs?
ANSWER: No. Many lawyers practice in other counties and other states, depending on their licensure for the latter. Having experience in the county in which the matter is being litigated is essential as that attorney will have a comfort level with the community courthouse personnel, attorneys (likely opposing counsel) and judges. One thing to consider in retaining a lawyer away from area in which the matter occurs is cost of journey time. Some attorneys do not charge for travel, others give you a reduced rate or preserve a billable rate for all work carried out. Clarify that question with each attorney consulted.

3. QUESTION: What exactly is mediation?
ANSWER: Mediation is a course of action whereby the parties to the issue present at an agreed location with their counsel (if retained) and a selected mediator to try and resolve all or a number of the issues involved. Mediators are to be unrelated to all participants and the litigation at issue, are to stay impartial amongst the parties and their lawyer, and continue maintaining the confidential structure of the conference to recommend settlement and resolution. Typically the parties share the charge of the mediation equally but other arrangements may be made if all parties are in agreement in advance of the conference. Mediation is typically required in just about every case filed in court and prior to a trial is held.

4. QUESTION: What kind of attorney do I need?
ANSWER: Again, like other industries, lawyers may specialize in a certain or more than one area. Similarly, law firms may specialize, provide general legal needs or offer you services in a few specific 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 almost all matters. Some areas of law are extremely complex, like bankruptcy or taxation; some are delineated by statute, like worker’s compensation. Any lawyer can discuss your specific issue, determine if he/she is prepared to handle such matters or advise you of the need to consult with another in a specialised area.

5. QUESTION: How am I able to make sure my attorney is resolving my issues?
ANSWER: Every good lawyer monitors his time (fees) and expenses (costs). Your retainer agreement should include a affirmation of how the lawyer bills his clients – monthly, quarterly, etc. You may also track your case in some jurisidictions that offer on-line accessibility to case dockets. If the county has that established, you are wise to routinely review the docket and see what activities have taken place by your lawyer and the other party/counsel. You should also feel comfortable getting in contact with your attorney at intervals to ascertain the status of the issue, understanding you will likely be charged for these communications.

6. QUESTION: Exactly how do I select an attorney or lawyer?
ANSWER: Legal subjects are as vast as those in other industries, such as medicine, construction, finance, etc. and can be just as complex. To protect your rights and remedies, the best practice is to investigate your area of need and research what lawyers are out there to help you. A referral from somebody you know and admire can add a personal element to the plan to hire an attorney but should not be the exclusive reason counsel is chosen. Look into the attorney’s background of training, experience and area(s) of practice. Asking questions should be urged in this process. Self-help can be empowering but may also limit or negate your recovery. Hiring a lawyer should be considered with the same degree of thought and consideration as that given to the pick of a doctor, accountant, financial advisor or therapist.

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