Do You Need A Divorce Lawyer

In case you haven't previously, probably sometime in a lifetime you will need to hire an attorney. Thanks to my interview with Tampa Attorney Christina Mesa, below is a selection of answers to common along with imperative questions.


1. QUESTION: How do I know if I require a legal professional?
ANSWER: If you have already been served with a Summons and comparable documents (Complaint, Petition, Motion), you should really endeavor to look for legal guidance immediately. Papers filed in court that start a lawsuit call for responses that involve specific deadlines; missing out on those deadlines could damage your defense, restrict or avoid your recovery. Some matters by statute involve a "pre-suit" period that enable you to take into account the legal issues and possible resolution before a lawsuit is filed. Similarly, seeking legal counsel as soon as possible is advised.

2. QUESTION: Do I need to hire an attorney 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 is being litigated is important 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 hiring a lawyer 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 lowered rate or maintain a billable rate for all work conducted. Clarify that question with each attorney consulted.

3. QUESTION: Precisely what is mediation?
ANSWER: Mediation is a process whereby the parties to the issue present at an agreed area with their counsel (if retained) and a decided on mediator to try and solve all or a number of the concerns involved. Mediators are to be unrelated to all participants and the litigation at issue, are to stay impartial in between the parties and their lawyer, and continue maintaining the confidential structure of the conference to encourage settlement and resolution. Generally the parties share the fee of the mediation evenly but other arrangements can be made if all parties are in agreement in advance of the conference. Mediation is usually required in every case filed in court and prior to a trial is held.

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


5. QUESTION: How am I able to be sure my attorney is resolving my problems?
ANSWER: Every good lawyer keeps track of his time (fees) and expenses (costs). Your retainer arrangement should include a affirmation of how the lawyer bills his clients - once a month, quarterly, etc. You may also track your case in some jurisidictions that provide on-line accessibility to case dockets. If the county has that set up, you're wise to routinely review the docket and see what activities have taken place by your counsel and the other party/counsel. You should also feel comfortable getting in touch with your lawyer at intervals to learn the status of the matter, understanding you will likely be charged for these communications.

6. QUESTION: Just how do I select an attorney or lawyer?
ANSWER: Legal troubles are as vast as those in other industries, such as medicine, construction, finance, etc. and are generally just as complicated. To safeguard your rights and remedies, the best practice is to investigate your area of need and research what law firms are around to help you. A referral from someone you know and respect can bring a personal element to the consideration to hire an attorney but really should not be the only reason counsel is selected. Research the attorney's background of education, experience and area(s) of practice. Asking questions should be urged in this process. Self-help can be empowering but may also reduce or negate your recovery. Hiring a lawyer should be considered with the same degree of thought and consideration as that given to the choice of a physician, accountant, financial expert or therapist.

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