Shocking Information About Divorce Lawyers Exposed
In the instance that you haven't before now, probably sometime in your own lifetime you'll need to seek the services of legal counsel. Thanks to my interview with Tampa Lawyer Christina Mesa, what follows is a variety of answers to popular as well as imperative questions.
1. QUESTION: How do I know if I will need a lawyer or attorney?
ANSWER: If you have already been served with a Summons and similar documents (Complaint, Petition, Motion), you really should endeavor to seek legal guidance immediately. Papers filed in court that commence a lawsuit require responses that involve particular deadlines; missing out on those deadlines could damage your defense, limit or avoid your recovery. Some concerns by statute involve a "pre-suit" period that allow you to think about the legal issues and probable resolution before a lawsuit is filed. Similarly, seeking a lawyer immediately is advised.
2. QUESTION: Do I have to hire an attorney at law in the county where the issue occurs?
ANSWER: No. Many attorneys practice in other counties and other states, based on their licensure for the latter. Having knowledge in the county in which the matter is being litigated is important as that attorney will have a comfort level with the local courthouse personnel, attorneys (likely opposing counsel) and judges. One thing to consider in retaining a lawyer outside the area wherein the matter takes place is cost of journey time. Some attorneys don't charge for travel, others give you a reduced rate or preserve a billable rate for all work conducted. 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 area with their counsel (if retained) and a chosen mediator to try and solve all or some of the concerns involved. Mediators need to be unrelated to all parties and the litigation at issue, are to stay impartial between the parties and their lawyer, and continue maintaining the confidential structure of the conference to encourage settlement and resolution. Generally the parties share the cost of the mediation evenly but other arrangements can be made if all parties are in agreement in advance of the conference. Mediation is typically required in every case filed in court and prior to a trial is held.
4. QUESTION: What type of attorney do I need?
ANSWER: Again, like other businesses, attorneys may concentrate in a certain or more than one area. Similarly, law offices may specialize, offer general legal needs or offer you services in a few precise 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 almost all matters. Some areas of law are very specialized, like bankruptcy or taxation; some are delineated by statute, as in worker's compensation. Any attorney can go over your particular issue, determine if he/she is prepared to take care of such matters or inform you of the need to speak with another in a specialised area.
5. QUESTION: How can I make sure my attorney is handling my problems?
ANSWER: Every good attorney monitors his time (fees) and expenditures (costs). Your retainer agreement should include a affirmation of how the lawyer bills his clients - monthly, quarterly, etc. You may also keep track of your case in some jurisidictions that provide on-line access to case dockets. If the county has that set up, you're wise to periodically review the docket and see what events have taken place by your counsel and the other party/counsel. You should also feel comfortable getting in touch with your attorney at intervals to learn the status of the matter, knowing you will likely be billed for these interactions.
6. QUESTION: Exactly how do I select an attorney at law?
ANSWER: Legal difficulties are as vast as those in other industries, such as medicine, construction, finance, etc. and might be just as perplexing. To protect your rights and remedies, the ideal practice is to investigate your area of need and research what legal professionals are around to work with you. A recommendation from somebody you know and respect can bring a personal element to the plan to hire an law firm but shouldn't be the sole reason counsel is selected. Research the lawyer's background of education, expertise and area(s) of practice. Asking important questions should be urged in this process. Self-help can be strengthening but may also reduce or negate your recovery. Hiring a legal professional should be considered with the exact same degree of thought and consideration as that given to the selection of a medical doctor, accountant, financial advisor or therapist.
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