Do You Need A Divorce Lawyer
If you have not before now, chances are that sometime in your life you will need to employ legal counsel. With the help of my interview with Tampa Attorney Christina Mesa, what follows is a selection of responses to popular as well as important questions.
1. QUESTION: Do I need to hire an attorney at law in the county where the case occurs?
ANSWER: No. Many attorneys practice in other counties and other states, depending on their licensure for the latter. Having experience in the county in which the matter is being litigated is important as that lawyer will have a comfort level with the county courthouse personnel, attorneys (likely opposing counsel) and judges. One consideration in retaining an attorney away from area in which the matter occurs is cost of travel 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.
2. QUESTION: How can I be certain my lawyer is handling my issues?
ANSWER: Every good lawyer monitors his time (fees) and expenditures (costs). Your retainer arrangement should include a confirmation of how the lawyer bills his clients - in advancemonthly, quarterly, etc. You can also track your case in some jurisidictions that provide on-line accessibility to case dockets. If the county has that available, you're wise to routinely review the docket and see what events have taken place by your attorney and the other party/counsel. You should also feel at ease getting in touch with your attorney at intervals to determine the status of the issue, knowing you'll likely be billed for these interactions.
3. QUESTION: Precisely how do I pick an attorney or lawyer?
ANSWER: Legal matters are as vast as those in other sectors, such as medicine, construction, finance, etc. and may be just as complicated. To safeguard your legal rights and remedies, the very best practice would be to research your area of need and research what lawyers are available to help you. A recommendation from someone you know and respect can add a personal element to the plan to hire an lawyer but really should not be the only reason counsel is selected. Research the lawyer's background of training, practical experience and area(s) of practice. Asking questions should be encouraged in this process. Self-help could be strengthening but may also restrict or negate your recovery. Hiring a legal professional should be contemplated with exactly the same level of thought and consideration as that given to the pick of a doctor, accountant, financial expert or therapist.
4. QUESTION: How do I know if I need a lawyer or attorney?
ANSWER: If you have been recently served with a Summons and associated documents (Complaint, Petition, Motion), you should really endeavor to seek out legal advice now. Documents filed in court that commence a lawsuit call for responses that involve exact deadlines; skipping those deadlines could damage your defense, reduce or avoid your recovery. Some concerns by statute involve a "pre-suit" period that enable you to take into account the legal issues and probable resolution before a lawsuit is filed. Similarly, seeking legal counsel as quickly as possible is recommended.
5. QUESTION: Precisely what is mediation?
ANSWER: Mediation is a process whereby the parties to the matter present at an agreed local with their counsel (if retained) and a selected mediator to try and resolve all or some of the problems involved. Mediators should be unrelated to all parties 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. Typically 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 generally required in just about every case filed in court and prior to a trial is held.
6. QUESTION: What kind of attorney at law do I need?
ANSWER: Again, like other industries, attorneys may specialise in a certain or more than one area. Similarly, law offices may specialize, provide general legal needs or offer you services in several unique areas of law. Trial attorneys deal with cases involving lawsuits; family law lawyers handle divorce, child custody/visitation, child support, alimony and associated matters; general practitioners handle most matters. Some areas of law are extremely specialized, like bankruptcy or taxation; others are delineated by statute, such as worker's compensation. Any lawyer should be able to talk about your specific issue, determine if he/she is prepared to handle such matters or advise you of the necessity to speak with another in a specialized area.
