What Divorce Lawyer Experts Don t Want You To Know

In case you haven't before now, probably sometime in a lifetime you will have to retain the services of an attorney at law. With the help of my consultation with Tampa Lawyer Christina Mesa, what follows is a group of answers to very common as well as worthwhile 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 really endeavor to seek out legal assistance right away. Papers filed in court that commence a lawsuit call for responses that involve particular deadlines; skipping those deadlines could damage your defense, restrict or avoid your recovery. Some issues by statute involve a "pre-suit" period that allow you to consider the legal issues and probable resolution before a lawsuit is filed. Similarly, seeking a lawyer immediately is recommended.

2. QUESTION: Do I need to hire an attorney or lawyer 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 in which the matter will be litigated is important as that attorney will have a comfort level with the neighborhood courthouse personnel, attorneys (likely opposing lawyer) and judges. One thing to consider in retaining a lawyer outside the area wherein the matter takes place is cost of travel time. Some attorneys do not charge for travel, others offer a reduced rate or maintain a billable rate for all work performed. Discuss that question with each attorney consulted.

3. QUESTION: What exactly is mediation?
ANSWER: Mediation is a process whereby the parties to the issue present at an agreed area with their counsel (if retained) and a chosen mediator to try and solve all or some of the problems involved. Mediators are to be unrelated to all parties and the litigation at issue, are to stay impartial amongst the parties and their counsel, and maintain the confidential nature of the conference to encourage settlement and resolution. Usually the parties share the charge of the mediation evenly but other arrangements can 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 do I need?
ANSWER: Again, like other sectors, lawyers may concentrate in a certain or more than one area. Similarly, law firms may specialize, provide general legal needs or provide services in several specific areas of law. Trial attorneys deal with cases involving lawsuits; family law lawyers handle divorce, child custody/visitation, child support, alimony and related matters; general practitioners handle nearly all matters. Some areas of law are extremely complex, like bankruptcy or taxation; some are delineated by statute, like worker's compensation. Any attorney should be able to talk about your particular issue, determine if he or she is qualified to take care of such matters or advise you of the necessity to speak with another in a specialised area.


5. QUESTION: How may I be certain my attorney is handling my issues?
ANSWER: Every good attorney keeps track of his time (fees) and expenditures (costs). Your retainer arrangement should include a affirmation of how the lawyer bills his clients - once a month, quarterly, etc. You may also keep track of your case in some jurisidictions that provide on-line accessibility to case dockets. If the county has that established, you're wise to occasionally review the docket and see what activities have taken place by your lawyer and the other party/counsel. It's also advisable to feel at ease getting in contact with your attorney at intervals to determine the status of the matter, knowing you will likely be charged for these communications.

6. QUESTION: Exactly how do I select an attorney at law?
ANSWER: Legal subjects are as vast as those in other industries, such as medicine, construction, finance, etc. and might be just as perplexing. To safeguard your legal rights and remedies, the very best practice is to investigate your area of need and research what lawyers are accessible to assist you. A recommendation from somebody you know and regard can bring a personal element to the consideration to hire an lawyer but should not be the singular reason counsel is selected. Look into the attorney's background of education, experience and area(s) of practice. Asking important questions should be urged in this process. Self-help can be empowering but can also limit or negate your recovery. Hiring a law firm should be contemplated with exactly the same level of thought and consideration as that given to the selection of a physician, accountant, financial advisor or therapist.

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