How To Get A Divorce Lawyer
Assuming you haven't by now, chances are that sometime in a lifetime you will want to employ legal counsel. With the help of my interview with Tampa Lawyer Christina Mesa, here's a listing of answers to typical as well as imperative questions.
1. QUESTION: How do I know if I will need a lawyer?
ANSWER: If you have been recently served with a Summons and related documents (Complaint, Petition, Motion), you really should endeavor to seek legal advice immediately. Papers filed in court that begin a lawsuit call for responses that involve particular deadlines; skipping those deadlines could compromise your defense, reduce or avoid your recovery. Some concerns by statute involve a "pre-suit" period that enable you to think about the legal issues and probable resolution before a lawsuit is filed. Similarly, seeking legal counsel at the earliest opportunity is recommended.
2. QUESTION: Do I have to hire an attorney 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 essential as that lawyer will have a level of comfort with the local courthouse personnel, attorneys (likely opposing lawyer) and judges. One thing to consider in retaining legal counsel away from area wherein the matter occurs is cost of journey time. Some attorneys don't charge for travel, others offer a reduced rate or preserve a billable rate for all work performed. Discuss that question with each lawyer consulted.
3. QUESTION: Exactly what is mediation?
ANSWER: Mediation is a process whereby the parties to the issue present at an agreed place with their counsel (if retained) and a chosen mediator to try and resolve all or a number of the issues involved. Mediators need to be unrelated to all participants and the litigation at issue, are to stay impartial in between the parties and their counsel, and continue maintaining the confidential nature of the conference to inspire settlement and resolution. Typically 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 generally required in just about every case filed in court and before a trial is held.
4. QUESTION: What type of attorney do I need?
ANSWER: Again, like other businesses, attorneys may specialize in a certain or more than one area. Similarly, law firms may specialize, provide general legal needs or offer services in a few 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 nearly all matters. Some areas of law are very specialized, like bankruptcy or taxation; others are delineated by statute, such as worker's compensation. Any attorney should be able to discuss 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 be sure my attorney is resolving my problems?
ANSWER: Every good attorney monitors his time (fees) and expenditures (costs). Your retainer arrangement should include a confirmation 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 accessibility to case dockets. If the county has that set up, you are wise to routinely review the docket and see what events have transpired by your counsel and the other party/counsel. It's also advisable to feel at ease getting in touch with your attorney at intervals to ascertain the status of the issue, knowing you will likely be billed for these interactions.
6. QUESTION: Just how do I select an attorney or lawyer?
ANSWER: Legal topics are as vast as those in other sectors, such as medicine, construction, finance, etc. and are generally just as complex. To safeguard your rights and remedies, the very best practice is to investigate your area of need and research what law firms are around to work with you. A referral from someone you know and respect can add a personal element to the decision to hire an lawyer but shouldn't be the exclusive reason counsel is selected. Research the lawyer's background of education, experience and area(s) of practice. Asking basic questions should be encouraged in this process. Self-help could be empowering but can also reduce or negate your recovery. Hiring a lawyer should be contemplated with exactly the same degree of thought and consideration as that given to the selection of a medical doctor, accountant, financial expert or therapist.
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