What Everybody Ought To Know About Divorce Lawyers

In case you haven't previously, chances are that sometime in your lifetime you'll have to retain the services of an attorney. Thanks to my consultation with Tampa Attorney Christina Mesa, what follows is a selection of responses to frequent and fundamental questions.


1. QUESTION: How do I know if I need a lawyer?
ANSWER: If you have recently been served with a Summons and comparable documents (Complaint, Petition, Motion), you should endeavor to seek legal assistance without delay. Papers filed in court that begin a lawsuit necessitate responses that involve particular deadlines; missing out on those deadlines could damage your defense, reduce or avoid your recovery. Some matters by statute involve a "pre-suit" time period that enable you to consider the legal issues and possible resolution before a suit is filed. Similarly, seeking a lawyer immediately is advised.

2. QUESTION: Do I have to hire an attorney or lawyer in the county where the issue occurs?
ANSWER: No. Many lawyers 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 neighborhood courthouse personnel, attorneys (likely opposing counsel) and judges. One thing to consider in retaining an attorney away from area wherein the matter takes place is cost of journey time. Some lawyers do not charge for travel, others offer a reduced rate or preserve a billable rate for all work performed. Clarify that question with each lawyer consulted.

3. QUESTION: Precisely what is mediation?
ANSWER: Mediation is a course of action whereby the parties to the matter present at an agreed area with their counsel (if retained) and a selected mediator to try and resolve all or some of the issues involved. Mediators need to be unrelated to all participants and the litigation at issue, are to stay impartial amongst the parties and their counsel, and continue maintaining the confidential nature of the conference to inspire settlement and resolution. Typically the parties share the cost of the mediation equally but other arrangements can be made if all parties are in agreement in advance of the conference. Mediation is usually required in just about every case filed in court and before a trial is held.

4. QUESTION: What kind of attorney do I need?
ANSWER: Again, like other businesses, attorneys may concentrate in a specific or more than one area. Similarly, law firms may specialize, offer general legal needs or offer you services in several unique 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 technical, like bankruptcy or taxation; some are delineated by statute, like worker's compensation. Any lawyer should be able to talk about your specific issue, determine if he/she is qualified to take care of such matters or advise you of the necessity to seek advice from another in a specialised area.


5. QUESTION: How am I able to be sure my attorney is handling my issues?
ANSWER: Every good lawyer keeps track of his time (fees) and expenditures (costs). Your retainer agreement should include a affirmation of how the attorney bills his clients - month-to-month, quarterly, etc. You may even 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 periodically review the docket and see what activities have taken place by your counsel and the other party/counsel. You should also feel at ease contacting your lawyer at intervals to ascertain the status of the matter, knowing you will likely be charged for these interactions.

6. QUESTION: Exactly how do I select an attorney or lawyer?
ANSWER: Legal subjects are as vast as those in other industries, such as medicine, construction, finance, etc. and tend to be just as complex. To protect your rights and remedies, the ideal practice is to research your area of need and research what legal professionals are out there to help you. A recommendation from somebody you know and admire can add a personal element to the consideration to hire an law firm but should not be the sole reason counsel is chosen. Research the attorney's background of schooling, expertise and area(s) of practice. Asking important questions should be encouraged in this process. Self-help could be empowering but can also reduce or negate your recovery. Hiring a law firm should be contemplated with the same level of thought and consideration as that directed at the choice of a medical doctor, accountant, financial expert or therapist.

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