What Does Divorce Lawyer Mean
If perhaps you have not already, probably sometime in a lifetime you'll need to hire a lawyer. With the help of my consultation with Tampa Lawyer Christina Mesa, what follows is a group of responses to very common along with important questions.
1. QUESTION: How do I know if I need a lawyer?
ANSWER: If you have already been served with a Summons and comparable documents (Complaint, Petition, Motion), you really should endeavor to seek out legal assistance immediately. Papers filed in court that commence a lawsuit necessitate responses that involve particular deadlines; skipping those deadlines could damage your defense, limit or avoid your recovery. Some matters by statute involve a "pre-suit" period of time that enable you to think about the legal issues and potential resolution before a suit is filed. Similarly, seeking a lawyer as soon as possible is advised.
2. QUESTION: Do I have to hire an attorney in the county where the problem occurs?
ANSWER: No. Many lawyers or attorneys practice in other counties and other states, based upon on their licensure for the latter. Having experience in the county in which the matter will be litigated is essential as that lawyer will have a comfort level with the neighborhood 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 lowered rate or preserve a billable rate for all work conducted. Clarify that question with each attorney consulted.
3. QUESTION: What exactly is mediation?
ANSWER: Mediation is a course of action 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 some of the problems involved. Mediators need to be unrelated to all participants and the litigation at issue, are to remain impartial between the parties and their counsel, and continue maintaining the confidential aspect of the conference to inspire settlement and resolution. Generally the parties share the cost of the mediation evenly but other arrangements may be made if all parties are in agreement ahead of the conference. Mediation is typically required in just about every case filed in court and before a trial is held.
4. QUESTION: What kind of law firm do I need?
ANSWER: Again, like other industries, attorneys may specialise in a specific or more than one area. Similarly, law firms may specialize, offer general legal needs or provide services in a few precise areas of law. Trial lawyers handle cases involving lawsuits; family law lawyers handle separation and divorce, child custody/visitation, child support, alimony and associated matters; general practitioners handle nearly all matters. Some areas of law are very specialized, like bankruptcy or taxation; others are delineated by statute, like worker's compensation. Any attorney can go over your particular issue, determine if he or she is qualified to handle such matters or inform you of the necessity to speak with another in a specialised area.
5. QUESTION: How can I be certain my attorney is resolving my problems?
ANSWER: Every good lawyer monitors his time (fees) and expenses (costs). Your retainer arrangement should include a confirmation 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 activities have taken place by your counsel and the other party/counsel. You should also feel at ease contacting your attorney at intervals to determine the status of the issue, knowing you will likely be billed for these communications.
6. QUESTION: 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 research your area of need and research what attorneys are out there to work with you. A recommendation from someone you know and regard can bring a personal element to the plan to hire an attorney but really should not be the exclusive reason counsel is picked. Look into the attorney's background of schooling, expertise and area(s) of practice. Asking basic questions should be urged in this process. Self-help could be strengthening but may also restrict or negate your recovery. Hiring a lawyer should be contemplated with exactly the same degree of thought and consideration as that given to the pick of a physician, accountant, financial advisor or therapist.
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