Why Almost Everything You ve Learned About Divorce Lawyers Is Wrong And What You Should Know

Assuming you have not by now, chances are that sometime in a lifetime you will want to retain an attorney. With the help of my discussion with Tampa Lawyer Christina Mesa, what follows is a variety of responses to common along with fundamental questions.


1. QUESTION: How do I know if I require a lawyer?
ANSWER: If you have recently been served with a Summons and related documents (Complaint, Petition, Motion), you should really endeavor to seek legal guidance immediately. Papers filed in court that begin a lawsuit call for responses that involve exact deadlines; missing out on those deadlines could compromise your defense, restrict or avoid your recovery. Some issues by statute involve a "pre-suit" period that enable you to think about the legal issues and probable resolution before a suit is filed. Similarly, seeking a lawyer at the earliest opportunity is advised.

2. QUESTION: Do I have to hire an attorney 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 experience in the county wherein the matter is being litigated is crucial as that lawyer will have a comfort level with the local courthouse personnel, attorneys (likely opposing counsel) and judges. One thing to consider in hiring legal counsel away from area in which the matter takes place is cost of journey time. Some lawyers do not charge for travel, others offer a decreased rate or preserve a billable rate for all work conducted. Discuss that question with each lawyer consulted.

3. QUESTION: What is mediation?
ANSWER: Mediation is a course of action whereby the parties to the issue present at an agreed location with their counsel (if retained) and a decided on mediator to try and resolve 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 inspire 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 ahead of the conference. Mediation is normally required in every case filed in court and prior to a trial is held.

4. QUESTION: What kind of attorney at law do I need?
ANSWER: Again, like other sectors, lawyers may concentrate in a certain or more than one area. Similarly, law firms may specialize, offer general legal needs or offer you services in a few unique areas of law. Trial lawyers handle cases involving lawsuits; family law attorneys handle divorce, child custody/visitation, child support, alimony and related matters; general practitioners handle nearly all matters. Some areas of law are extremely specialized, like bankruptcy or taxation; some are delineated by statute, such as worker's compensation. Any attorney can discuss your specific issue, determine if he or she is qualified to handle such matters or inform you of the necessity to speak with another in a specialized area.


5. QUESTION: How can I make sure my attorney is resolving my problems?
ANSWER: Every good attorney keeps track of his time (fees) and expenditures (costs). Your retainer arrangement should include a affirmation of how the attorney bills his clients - month-to-month, quarterly, etc. You may also keep track of your case in some jurisidictions that offer on-line accessibility to case dockets. If the county has that set up, you are wise to periodically review the docket and see what events have transpired by your lawyer and the other party/counsel. It's also advisable to feel at ease getting in touch with your lawyer at intervals to ascertain the status of the matter, understanding you will likely be billed for these interactions.

6. QUESTION: Exactly how do I select an attorney?
ANSWER: Legal difficulties are as vast as those in other industries, such as medicine, construction, finance, etc. and might be just as perplexing. To safeguard your rights and remedies, the best 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 admire can bring a personal element to the consideration to hire an lawyer but should not be the sole reason counsel is selected. Look into the attorney's background of training, experience and area(s) of practice. Asking basic questions should be encouraged in this process. Self-help can be strengthening but may also restrict or negate your recovery. Hiring a legal professional should be contemplated with the same degree of thought and consideration as that given to the selection of a doctor, accountant, financial specialist or therapist.

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