You Make These Divorce Lawyer Mistakes

In case you have not by now, chances are that sometime in your life you will have to hire a lawyer. With the help of my interview with Tampa Lawyer Christina Mesa, here is a selection of answers to popular as well as worthwhile questions.

1. QUESTION: Do I want to hire an attorney in the county where the issue occurs?
ANSWER: No. Many lawyers practice in other jurisdictions and other states, based on their licensure for the latter. Having experience in the county in which the matter is being litigated is essential as that attorney will have a comfort level with the community courthouse personnel, attorneys (likely opposing lawyer) and judges. One thing to consider in hiring an attorney away from area in which 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 performed. Discuss that question with each lawyer consulted.

2. QUESTION: How am I able to be certain my attorney is working on my problems?
ANSWER: Every good lawyer monitors his time (fees) and expenditures (costs). Your retainer contract should include a affirmation of how the attorney bills his clients - once a month, 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 established, you're wise to occasionally review the docket and see what events have taken place by your lawyer and the other party/counsel. Also feel at ease contacting your attorney at intervals to ascertain the status of the issue, knowing you'll likely be charged for these interactions.

3. QUESTION: Exactly how do I pick an attorney at law?
ANSWER: Legal concerns are as vast as those in other sectors, such as medicine, construction, finance, etc. and can be just as perplexing. To protect your rights and remedies, the best practice would be to research your area of need and research what legal professionals are available to work with you. A recommendation from someone you know and respect can add a personal element to the plan to hire an attorney but should not be the sole reason counsel is picked. Look into the attorney's background of training, experience and area(s) of practice. Asking questions should be urged in this process. Self-help could be strengthening but can also reduce or negate your recovery. Hiring a legal professional should be considered with exactly the same level of thought and consideration as that given to the pick of a medical professional, accountant, financial specialist or therapist.

4. QUESTION: How do I determine if I need a lawyer?
ANSWER: If you have already been served with a Summons and similar documents (Complaint, Petition, Motion), you should endeavor to look for legal assistance now. Documents filed in court that begin a lawsuit require responses that involve specific deadlines; missing those deadlines could damage your defense, reduce or avoid your recovery. Some concerns by statute involve a "pre-suit" time period that allow you to take into account the legal issues and probable resolution before a suit is filed. Similarly, seeking a lawyer immediately is recommended.

5. QUESTION: Precisely what is mediation?
ANSWER: Mediation is a course of action whereby the parties to the case present at an agreed area with their counsel (if retained) and a selected mediator to try and solve all or a number of the issues involved. Mediators need to be unrelated to all parties and the litigation at issue, are to remain impartial amongst the parties and their lawyer, and continue maintaining the confidential aspect of the conference to inspire settlement and resolution. Usually the parties share the charge of the mediation equally but other arrangements may be made if all parties are in agreement ahead of the conference. Mediation is generally required in just about every case filed in court and just before a trial is held.

6. QUESTION: What type of attorney at law do I need?
ANSWER: Again, like other businesses, lawyers may concentrate in a specific or more than one area. Similarly, law offices may specialize, provide general legal needs or offer services in a few unique areas of law. Trial attorneys 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 complex, like bankruptcy or taxation; others are delineated by statute, as in worker's compensation. Any lawyer can go over your specific issue, determine if he or she is qualified to take care of such matters or inform you of the need to speak with another in a specialised area.

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