What To Expect From Divorce Lawyers

In the event that you haven't already, probably sometime in your life you will want to employ legal counsel. Thanks to my discussion with Tampa Lawyer Christina Mesa, below is a variety of responses to frequent along with important questions.


1. QUESTION: How do I know if I need a lawyer?
ANSWER: If you have been served with a Summons and comparable documents (Complaint, Petition, Motion), you should endeavor to seek out legal guidance right away. Papers filed in court that begin a lawsuit necessitate responses that involve exact deadlines; skipping those deadlines could damage your defense, restrict or avoid your recovery. Some concerns by statute involve a "pre-suit" time period that allow you to consider the legal issues and potential resolution before a suit is filed. Similarly, seeking a lawyer immediately is recommended.

2. QUESTION: Do I have to hire an attorney or lawyer 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 experience in the county wherein the matter will be litigated is essential as that lawyer will have a level of comfort with the community courthouse personnel, attorneys (likely opposing lawyer) and judges. One consideration in retaining legal counsel away from area wherein the matter takes place is cost of journey time. Some lawyers do not charge for travel, others offer a lowered rate or preserve a billable rate for all work conducted. Clarify 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 site with their counsel (if retained) and a decided on mediator to try and solve all or some of the problems involved. Mediators need to be unrelated to all parties and the litigation at issue, are to stay impartial between the parties and their counsel, and maintain the confidential nature of the conference to encourage settlement and resolution. Generally the parties share the fee of the mediation equally but other arrangements may be made if all parties are in agreement in advance of the conference. Mediation is normally required in every case filed in court and before a trial is held.

4. QUESTION: What kind 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 firms may specialize, offer general legal needs or offer services in several specific areas of law. Trial attorneys deal with cases involving lawsuits; family law attorneys handle separation and divorce, child custody/visitation, child support, alimony and related matters; general practitioners handle almost all matters. Some areas of law are extremely complex, like bankruptcy or taxation; some are delineated by statute, such as worker's compensation. Any lawyer can discuss your specific issue, determine if he or she is prepared to handle such matters or inform you of the need to consult with another in a specialised area.


5. QUESTION: How may I make sure my lawyer is resolving my problems?
ANSWER: Every good attorney 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 access to case dockets. If the county has that set up, you are wise to periodically review the docket and see what events have taken place by your lawyer and the other party/counsel. You should also feel comfortable getting in touch with your lawyer 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 or lawyer?
ANSWER: Legal matters are as vast as those in other industries, such as medicine, construction, finance, etc. and are generally just as perplexing. To safeguard your legal rights and remedies, the ideal practice would be to investigate your area of need and research what attorneys are around to help you. A referral from someone you know and respect can bring a personal element to the consideration to hire an law firm but really should not be the sole reason counsel is picked. Research the attorney's background of training, expertise and area(s) of practice. Asking important questions should be urged in this process. Self-help can be empowering but can also restrict or negate your recovery. Hiring a lawyer should be contemplated with the exact same level of thought and consideration as that directed at the choice of a medical professional, accountant, financial consultant or therapist.

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