What Divorce Lawyer Experts Don t Want You To Know

In case you have not already, probably sometime in a lifetime you'll have to seek the services of legal counsel. Thanks to my interview with Tampa Attorney Christina Mesa, what follows is a listing of answers to basic and worthwhile questions.


1. QUESTION: How do I know if I need a legal professional?
ANSWER: If you have recently been served with a Summons and comparable documents (Complaint, Petition, Motion), you really should endeavor to seek legal assistance right away. Papers filed in court that start a lawsuit require responses that involve specific deadlines; skipping those deadlines could damage your defense, reduce or avoid your recovery. Some matters by statute involve a "pre-suit" period that enable you to consider the legal issues and possible resolution before a lawsuit is filed. Similarly, seeking a lawyer as quickly as possible is advised.

2. QUESTION: Do I need to hire an attorney or lawyer 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 will be litigated is essential as that lawyer will have a level of comfort with the local courthouse personnel, lawyers (likely opposing counsel) and judges. One consideration in retaining a lawyer away from area wherein the matter occurs is cost of travel time. Some lawyers do not charge for travel, others give you a decreased rate or preserve a billable rate for all work carried out. Clarify that question with each attorney consulted.

3. QUESTION: Exactly what is mediation?
ANSWER: Mediation is a course of action whereby the parties to the matter present at an agreed place with their counsel (if retained) and a selected mediator to try and solve all or some of the concerns involved. Mediators are to be unrelated to all participants and the litigation at issue, are to remain impartial in between the parties and their counsel, and maintain the confidential structure of the conference to recommend settlement and resolution. Typically the parties share the fee of the mediation equally but other arrangements can be made if all parties are in agreement in advance of the conference. Mediation is generally required in every case filed in court and before a trial is held.

4. QUESTION: What kind of lawyer do I need?
ANSWER: Again, like other industries, lawyers may specialise in a specific or more than one area. Similarly, law offices may specialize, offer general legal needs or provide services in several precise areas of law. Trial attorneys handle cases involving lawsuits; family law attorneys handle divorce, child custody/visitation, child support, alimony and related matters; general practitioners handle most matters. Some areas of law are very complex, like bankruptcy or taxation; some are delineated by statute, such as worker's compensation. Any lawyer can discuss your particular issue, determine if he or she is prepared to handle such matters or inform you of the necessity to seek advice from another in a specialised area.


5. QUESTION: How may I be certain my lawyer is handling my issues?
ANSWER: Every good attorney monitors his time (fees) and expenses (costs). Your retainer agreement should include a affirmation of how the lawyer bills his clients - month-to-month, quarterly, etc. You may also track your case in some jurisidictions that provide on-line access to case dockets. If the county has that established, you are wise to periodically review the docket and see what events have transpired by your counsel and the other party/counsel. You should also feel comfortable contacting your attorney at intervals to determine the status of the matter, knowing you will likely be charged for these communications.

6. QUESTION: Just how do I select an attorney?
ANSWER: Legal subjects are as vast as those in other industries, such as medicine, construction, finance, etc. and are often just as complex. To protect your legal rights and remedies, the best practice is to study your area of need and research what legal professionals are out there to assist you. A referral from somebody you know and regard can bring a personal element to the decision to hire an lawyer but should not be the only reason counsel is chosen. Look into the attorney's background of schooling, expertise and area(s) of practice. Asking a lot of questions should be encouraged in this process. Self-help could be empowering but may also restrict or negate your recovery. Hiring a lawyer should be considered with exactly the same level of thought and consideration as that given to the pick of a medical professional, accountant, financial specialist or therapist.

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