If you have not by now, probably sometime in a lifetime you will have to retain legal counsel. With the help of my interview with Tampa Attorney Christina Mesa, here’s a list of answers to very common and worthwhile questions.

1. QUESTION: How do I know if I require a lawyer?
ANSWER: If you have already been served with a Summons and associated documents (Complaint, Petition, Motion), you really should endeavor to seek legal advice right away. Papers filed in court that begin a lawsuit call for responses that involve specific deadlines; missing out on those deadlines could compromise your defense, limit or avoid your recovery. Some concerns by statute involve a “pre-suit” period of time that enable you to think about the legal issues and potential resolution before a lawsuit is filed. Similarly, seeking legal counsel as quickly as possible is recommended.

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

3. QUESTION: What exactly is mediation?
ANSWER: Mediation is a process whereby the parties to the issue present at an agreed place with their counsel (if retained) and a decided on mediator to try and resolve all or some of the issues involved. Mediators should be unrelated to all parties and the litigation at issue, are to remain impartial amongst the parties and their counsel, and continue maintaining the confidential nature of the conference to encourage settlement and resolution. Usually the parties share the charge of the mediation evenly but other arrangements may be made if all parties are in agreement in advance of the conference. Mediation is generally required in every case filed in court and just before a trial is held.

4. QUESTION: What kind of law firm do I need?
ANSWER: Again, like other sectors, lawyers may concentrate in a certain or more than one area. Similarly, law offices may specialize, provide general legal needs or offer services in a few unique areas of law. Trial attorneys deal with cases involving lawsuits; family law attorneys handle divorce, child custody/visitation, child support, alimony and related matters; general practitioners handle almost all matters. Some areas of law are very complex, like bankruptcy or taxation; others are delineated by statute, like worker’s compensation. Any lawyer can talk about your specific issue, determine if he or she is prepared to handle such matters or advise you of the need to speak with another in a specialized area.

5. QUESTION: How can I be sure my lawyer is handling my issues?
ANSWER: Every good lawyer keeps track of his time (fees) and expenses (costs). Your retainer agreement should include a confirmation of how the attorney bills his clients – monthly, quarterly, etc. You may also track your case in some jurisidictions that provide on-line accessibility to case dockets. If the county has that set up, you’re wise to routinely review the docket and see what events have transpired by your lawyer and the other party/counsel. It’s also advisable to feel comfortable getting in contact with your lawyer at intervals to ascertain the status of the matter, understanding you will likely be billed for these interactions.

6. QUESTION: Exactly how do I select an attorney or lawyer?
ANSWER: Legal concerns are as vast as those in other industries, such as medicine, construction, finance, etc. and are often just as perplexing. To safeguard your legal rights and remedies, the ideal practice would be to investigate your area of need and research what legal professionals are available to assist you. A referral from somebody you know and regard can add a personal element to the decision to hire an attorney but should not be the sole reason counsel is chosen. Look into the lawyer’s background of education, practical experience and area(s) of practice. Asking basic questions should be encouraged in this process. Self-help could be strengthening but can also restrict or negate your recovery. Hiring a law firm should be considered with the exact same degree of thought and consideration as that given to the pick of a medical doctor, accountant, financial advisor or therapist.

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