Why You Need A Divorce Lawyer

If you haven't by now, chances are that sometime in your lifetime you'll have to employ a lawyer. Thanks to my consultation with Tampa Lawyer Christina Mesa, below is a number of responses to popular and important questions.


1. QUESTION: How do I know if I will need a lawyer or attorney?
ANSWER: If you have been served with a Summons and related documents (Complaint, Petition, Motion), you really should endeavor to seek out legal advice without delay. Papers filed in court that start 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" period that allow you to consider the legal issues and probable resolution before a suit is filed. Similarly, seeking a lawyer as quickly as possible is recommended.

2. QUESTION: Do I need to hire an attorney in the county where the issue occurs?
ANSWER: No. Many attorneys practice in other counties and other states, depending on their licensure for the latter. Having experience in the county wherein the matter will be litigated is important as that lawyer will have a comfort level with the community courthouse personnel, attorneys (likely opposing lawyer) and judges. One consideration in retaining a lawyer outside the area in which the matter occurs is cost of journey time. Some attorneys do not charge for travel, others offer a lowered rate or preserve a billable rate for all work performed. Discuss that question with each attorney consulted.

3. QUESTION: What is mediation?
ANSWER: Mediation is a process whereby the parties to the matter present at an agreed site with their counsel (if retained) and a decided on mediator to try and solve all or some of the concerns involved. Mediators need to be unrelated to all participants and the litigation at issue, are to remain impartial between the parties and their lawyer, and continue maintaining the confidential aspect of the conference to inspire settlement and resolution. Usually 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 normally required in every case filed in court and just before a trial is held.

4. QUESTION: What kind of law firm do I need?
ANSWER: Again, like other businesses, lawyers may specialize in a specific or more than one area. Similarly, law offices may specialize, provide general legal needs or provide services in a few unique areas of law. Trial attorneys deal with cases involving lawsuits; family law lawyers handle divorce cases, child custody/visitation, child support, alimony and associated matters; general practitioners handle most matters. Some areas of law are very 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/she is qualified to handle such matters or inform you of the need to seek advice from another in a specialised area.


5. QUESTION: How can I be certain my lawyer is resolving my issues?
ANSWER: Every good lawyer monitors his time (fees) and expenditures (costs). Your retainer arrangement should include a affirmation of how the attorney bills his clients - monthly, quarterly, etc. You may even keep track of your case in some jurisidictions that offer on-line access to case dockets. If the county has that set up, you are wise to routinely review the docket and see what activities have transpired by your lawyer and the other party/counsel. It's also advisable to feel at ease getting in contact with your lawyer at intervals to determine the status of the issue, knowing you will likely be charged for these interactions.

6. QUESTION: Just how do I select an attorney or lawyer?
ANSWER: Legal concerns are as vast as those in other industries, such as medicine, construction, finance, etc. and may be just as complicated. To safeguard your rights and remedies, the very best practice is to research your area of need and research what attorneys are available to work with you. A referral from somebody you know and respect can add a personal element to the consideration to hire an lawyer but should not be the exclusive reason counsel is selected. Look into the attorney's background of education, experience and area(s) of practice. Asking questions should be encouraged in this process. Self-help can be empowering but can also restrict or negate your recovery. Hiring a law firm should be contemplated with the same level of thought and consideration as that directed at the pick of a physician, accountant, financial specialist or therapist.

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