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Why Almost Everything You’ve Learned About Divorce Lawyers Is Wrong And What You Should Know
Public Group active 8 years, 8 months ago agoIn the case you haven’t by now, probably sometime in your own lifetime you will have to seek the services of legal counsel. With the help of my interview with Tampa Attorney Christina Mesa, what follows is a variety of responses to common as well as important 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 similar documents (Complaint, Petition, Motion), you really should endeavor to find legal advice without delay. Papers filed in court that start a lawsuit require responses that involve specific deadlines; skipping those deadlines could compromise your defense, restrict or avoid your recovery. Some concerns 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 immediately is recommended.
2. QUESTION: Do I need to hire an attorney at law in the county where the problem occurs?
ANSWER: No. Many lawyers practice in other counties and other states, depending on their licensure for the latter. Having knowledge in the county wherein the matter will be litigated is crucial as that lawyer will have a comfort level with the community courthouse personnel, attorneys (likely opposing counsel) and judges. One consideration in hiring an attorney away from area in which the matter occurs is cost of journey time. Some attorneys don’t charge for travel, others offer a reduced rate or maintain a billable rate for all work conducted. Discuss that question with each attorney 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 decided on mediator to try and resolve all or a number of the concerns involved. Mediators need to be unrelated to all parties and the litigation at issue, are to remain impartial in between the parties and their counsel, and continue maintaining the confidential aspect of the conference to encourage settlement and resolution. Usually the parties share the fee of the mediation evenly but other arrangements can be made if all parties are in agreement in advance of the conference. Mediation is normally required in every case filed in court and prior to a trial is held.
4. QUESTION: What kind of lawyer do I need?
ANSWER: Again, like other businesses, attorneys may specialise in a certain or more than one area. Similarly, law firms may specialize, provide general legal needs or offer services in several unique 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 most matters. Some areas of law are very specialized, like bankruptcy or taxation; some are delineated by statute, like worker’s compensation. Any attorney can go over your particular issue, determine if he or she is prepared to handle such matters or advise you of the need to seek advice from another in a specialized area.
5. QUESTION: How may I be certain my lawyer is resolving my problems?
ANSWER: Every good lawyer monitors his time (fees) and expenses (costs). Your retainer arrangement should include a affirmation of how the attorney bills his clients – once a month, quarterly, etc. You may even keep track of your case in some jurisidictions that offer on-line accessibility to case dockets. If the county has that established, you’re wise to occasionally review the docket and see what events have taken place by your lawyer and the other party/counsel. It’s also advisable to feel comfortable getting in touch with your attorney at intervals to ascertain the status of the issue, knowing you’ll likely be billed for these communications.
6. QUESTION: Exactly how do I select an attorney?
ANSWER: Legal problems are as vast as those in other industries, such as medicine, construction, finance, etc. and might be just as perplexing. To safeguard your legal rights and remedies, the very best practice is to research your area of need and research what legal professionals are around to work with you. A recommendation from somebody you know and respect can add a personal element to the consideration to hire an attorney but shouldn’t be the singular 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 can be empowering but may also reduce or negate your recovery. Hiring a legal professional should be contemplated with the exact same degree of thought and consideration as that directed at the pick of a physician, accountant, financial advisor or therapist.
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