If you haven’t previously, chances are that sometime in your lifetime you will want to retain the services of a lawyer. With the help of my discussion with Tampa Attorney Christina Mesa, what follows is a variety of answers to typical along with imperative questions.

1. QUESTION: How do I know if I will need a lawyer or attorney?
ANSWER: If you have already been served with a Summons and associated documents (Complaint, Petition, Motion), you should really endeavor to seek out legal assistance immediately. Papers filed in court that commence a lawsuit call for responses that involve specific deadlines; missing those deadlines could damage your defense, reduce or avoid your recovery. Some matters by statute involve a “pre-suit” period of time that allow you to consider the legal issues and possible resolution before a suit is filed. Similarly, seeking legal counsel 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, based on their licensure for the latter. Having experience in the county in which the matter will be litigated is important as that attorney will have a comfort level with the neighborhood courthouse personnel, attorneys (likely opposing lawyer) and judges. One thing to consider in hiring an attorney outside the 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 conducted. Clarify that question with each lawyer consulted.

3. QUESTION: What exactly is mediation?
ANSWER: Mediation is a process whereby the parties to the issue present at an agreed area with their counsel (if retained) and a selected mediator to try and resolve all or a number of the problems involved. Mediators are to be unrelated to all parties and the litigation at issue, are to stay impartial between the parties and their lawyer, and maintain the confidential nature of the conference to recommend settlement and resolution. Typically the parties share the cost of the mediation equally but other arrangements can 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 attorney at law do I need?
ANSWER: Again, like other industries, attorneys may concentrate in a specific or more than one area. Similarly, law offices may specialize, provide general legal needs or provide services in a few precise areas of law. Trial lawyers handle cases involving lawsuits; family law attorneys handle separation and divorce, child custody/visitation, child support, alimony and associated matters; general practitioners handle most matters. Some areas of law are very technical, like bankruptcy or taxation; others are delineated by statute, like worker’s compensation. Any attorney can discuss your particular issue, determine if he/she is qualified to take care of such matters or advise you of the necessity to consult with another in a specialized area.

5. QUESTION: How can I be sure my attorney is resolving my problems?
ANSWER: Every good lawyer monitors his time (fees) and expenses (costs). Your retainer agreement should include a affirmation of how the attorney bills his clients – month-to-month, quarterly, etc. You may even track your case in some jurisidictions that supply on-line accessibility to case dockets. If the county has that set up, you’re wise to occasionally review the docket and see what events have taken place by your counsel and the other party/counsel. You should also feel comfortable contacting your attorney at intervals to ascertain the status of the issue, understanding you will likely be charged for these communications.

6. QUESTION: How do I select an attorney or lawyer?
ANSWER: Legal topics are as vast as those in other sectors, such as medicine, construction, finance, etc. and are generally just as complicated. To safeguard your legal rights and remedies, the best practice would be to research your area of need and research what legal professionals are around to work with you. A referral from someone you know and regard can bring a personal element to the consideration to hire an law firm but should not be the only reason counsel is selected. Research the attorney’s background of education, expertise and area(s) of practice. Asking basic questions should be encouraged in this process. Self-help could be strengthening but can also limit or negate your recovery. Hiring a legal professional should be contemplated with the same level of thought and consideration as that given to the pick of a medical doctor, accountant, financial expert or therapist.

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