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Group logo of Why Almost Everything You've Learned About Divorce Lawyers Is Wrong And What You Should Know

Why Almost Everything You’ve Learned About Divorce Lawyers Is Wrong And What You Should Know

Public Group active 8 years, 11 months ago ago

In the event that you haven’t previously, chances are that sometime in your own lifetime you will need to retain the services of a lawyer. Thanks to my discussion with Tampa Lawyer Christina Mesa, what follows is a listing of answers to basic and imperative questions.

1. QUESTION: How do I know if I will need a lawyer?
ANSWER: If you have recently been served with a Summons and associated documents (Complaint, Petition, Motion), you really should endeavor to look for legal assistance immediately. Papers filed in court that commence a lawsuit require responses that involve specific deadlines; missing out on those deadlines could damage your defense, restrict or avoid your recovery. Some issues 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 legal counsel immediately is recommended.

2. QUESTION: Do I need to hire an attorney at law 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 knowledge in the county in which the matter is being litigated is essential as that lawyer will have a level of comfort with the community courthouse personnel, lawyers (likely opposing lawyer) and judges. One consideration in retaining an attorney outside the area in which the matter occurs is cost of travel time. Some attorneys do not charge for travel, others give you a reduced rate or maintain a billable rate for all work performed. Clarify that question with each attorney consulted.

3. QUESTION: Precisely what is mediation?
ANSWER: Mediation is a process whereby the parties to the matter present at an agreed location with their counsel (if retained) and a selected mediator to try and resolve all or a number of the concerns involved. Mediators should be unrelated to all parties and the litigation at issue, are to stay impartial amongst the parties and their lawyer, and maintain the confidential nature of the conference to inspire 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 ahead of the conference. Mediation is generally required in every case filed in court and prior to a trial is held.

4. QUESTION: What type of lawyer do I need?
ANSWER: Again, like other businesses, attorneys may concentrate in a certain or more than one area. Similarly, law firms may specialize, offer general legal needs or provide services in a few specific areas of law. Trial attorneys deal with cases involving lawsuits; family law attorneys handle divorce, child custody/visitation, child support, alimony and associated matters; general practitioners handle nearly all matters. Some areas of law are very complex, like bankruptcy or taxation; some are delineated by statute, like worker’s compensation. Any lawyer should be able to go over your particular issue, determine if he or she is qualified to take care of such matters or inform you of the need to consult with another in a specialized area.

5. QUESTION: How may I make sure my lawyer is handling my issues?
ANSWER: Every good attorney monitors his time (fees) and expenditures (costs). Your retainer arrangement should include a affirmation of how the lawyer bills his clients – month-to-month, quarterly, etc. You may even keep track of your case in some jurisidictions that provide on-line access to case dockets. If the county has that set up, you’re wise to periodically review the docket and see what activities have transpired by your lawyer and the other party/counsel. It’s also advisable to feel comfortable contacting your attorney at intervals to determine the status of the issue, knowing you will likely be billed for these interactions.

6. QUESTION: How do I select an attorney at law?
ANSWER: Legal concerns are as vast as those in other sectors, such as medicine, construction, finance, etc. and are often just as complex. To safeguard your rights and remedies, the ideal practice would be to research your area of need and research what law firms are available to assist you. A recommendation from somebody you know and admire can bring a personal element to the consideration to hire an law firm but really should not be the only reason counsel is selected. Research the attorney’s background of education, experience and area(s) of practice. Asking basic questions should be urged in this process. Self-help could be empowering but may also reduce or negate your recovery. Hiring a law firm should be contemplated with the exact same degree of thought and consideration as that given to the choice of a doctor, accountant, financial expert or therapist.

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