What To Expect From Divorce Lawyers : Différence entre versions

Version du 12 septembre 2017 à 09:05

In the case you haven't already, probably sometime in a lifetime you will have to employ a lawyer. Thanks to my consultation with Tampa Attorney Christina Mesa, here is a selection of responses to common and fundamental questions.


1. QUESTION: How do I know if I need a lawyer or attorney?
ANSWER: If you have been recently served with a Summons and similar documents (Complaint, Petition, Motion), you really should endeavor to seek out legal advice without delay. Papers filed in court that begin a lawsuit necessitate responses that involve specific deadlines; skipping those deadlines could compromise your defense, reduce or avoid your recovery. Some matters by statute involve a "pre-suit" period of time that allow you to take into account the legal issues and potential resolution before a suit is filed. Similarly, seeking a lawyer at the earliest opportunity is advised.

2. QUESTION: Do I have to hire an attorney at law in the county where the problem occurs?
ANSWER: No. Many attorneys practice in other counties and other states, based on their licensure for the latter. Having experience in the county wherein the matter is being litigated is crucial as that lawyer will have a level of comfort with the local courthouse personnel, lawyers (likely opposing lawyer) and judges. One thing to consider in hiring legal counsel away from area in which the matter occurs is cost of travel time. Some lawyers don't charge for travel, others give you a reduced rate or maintain a billable rate for all work carried out. Discuss that question with each attorney consulted.

3. QUESTION: Exactly what is mediation?
ANSWER: Mediation is a course of action whereby the parties to the issue present at an agreed site with their counsel (if retained) and a decided on 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 remain impartial amongst the parties and their counsel, and maintain the confidential structure of the conference to encourage settlement and resolution. Usually the parties share the fee of the mediation equally but other arrangements might be made if all parties are in agreement in advance of the conference. Mediation is normally required in just about every case filed in court and just before a trial is held.

4. QUESTION: What type of law firm do I need?
ANSWER: Again, like other industries, attorneys may specialise in a certain or more than one area. Similarly, law offices may specialize, offer general legal needs or provide services in a few specific areas of law. Trial attorneys handle cases involving lawsuits; family law attorneys handle divorce cases, child custody/visitation, child support, alimony and related matters; general practitioners handle most matters. Some areas of law are extremely complex, like bankruptcy or taxation; others are delineated by statute, such as worker's compensation. Any lawyer should be able to talk about your specific issue, determine if he or she is prepared to take care of such matters or advise you of the necessity to seek advice from another in a specialized area.


5. QUESTION: How may I be sure my lawyer is handling my problems?
ANSWER: Every good lawyer keeps track of his time (fees) and expenditures (costs). Your retainer arrangement should include a affirmation of how the lawyer bills his clients - monthly, quarterly, etc. You may even keep track of your case in some jurisidictions that provide on-line accessibility to case dockets. If the county has that set up, you are wise to routinely review the docket and see what events have transpired by your counsel and the other party/counsel. You should also feel at ease getting in touch with your lawyer at intervals to ascertain the status of the matter, understanding you'll likely be billed for these interactions.

6. QUESTION: Exactly how do I select an attorney at law?
ANSWER: Legal issues are as vast as those in other sectors, such as medicine, construction, finance, etc. and are often just as perplexing. To protect your rights and remedies, the best practice is to investigate your area of need and research what legal professionals are available to help you. A recommendation from someone you know and respect can bring a personal element to the consideration to hire an lawyer but really should not be the only reason counsel is selected. Research the lawyer's background of schooling, practical experience and area(s) of practice. Asking questions should be encouraged in this process. Self-help could be strengthening but can also reduce or negate your recovery. Hiring a lawyer should be considered with exactly the same degree of thought and consideration as that given to the pick of a physician, accountant, financial specialist or therapist.

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