What Makes A Divorce Lawyer

Assuming you have not before now, chances are that sometime in your life you'll have to employ legal counsel. Thanks to my consultation with Tampa Attorney Christina Mesa, below is a group of responses to basic and worthwhile questions.


1. QUESTION: How do I know if I need a legal professional?
ANSWER: If you have already been served with a Summons and associated documents (Complaint, Petition, Motion), you should really endeavor to seek out legal assistance immediately. Papers filed in court that begin a lawsuit necessitate responses that involve particular deadlines; missing out on those deadlines could damage your defense, limit or avoid your recovery. Some concerns by statute involve a "pre-suit" period of time that allow you to consider the legal issues and probable resolution before a suit is filed. Similarly, seeking legal counsel at the earliest opportunity is recommended.

2. QUESTION: Do I need to hire an attorney or lawyer in the county where the problem occurs?
ANSWER: No. Many lawyers or attorneys practice in other counties and other states, based on their licensure for the latter. Having knowledge in the county in which the matter will be litigated is crucial as that attorney will have a level of comfort with the neighborhood courthouse personnel, attorneys (likely opposing lawyer) and judges. One thing to consider in hiring a lawyer away from area in which the matter occurs is cost of journey time. Some attorneys don't charge for travel, others give you a lowered rate or preserve a billable rate for all work performed. Discuss that question with each attorney consulted.

3. QUESTION: Exactly what is mediation?
ANSWER: Mediation is a course of action whereby the parties to the matter present at an agreed site with their counsel (if retained) and a chosen mediator to try and resolve all or some of the concerns involved. Mediators should be unrelated to all participants and the litigation at issue, are to stay impartial between the parties and their counsel, and continue maintaining the confidential structure of the conference to recommend settlement and resolution. Generally the parties share the fee of the mediation equally but other arrangements can be made if all parties are in agreement ahead of the conference. Mediation is generally required in every case filed in court and prior to a trial is held.

4. QUESTION: What type of attorney at law do I need?
ANSWER: Again, like other businesses, lawyers may specialize in a certain or more than one area. Similarly, law offices may specialize, offer general legal needs or offer services in a few specific areas of law. Trial lawyers deal with cases involving lawsuits; family law lawyers handle separation and divorce, child custody/visitation, child support, alimony and related matters; general practitioners handle almost all matters. Some areas of law are very specialized, like bankruptcy or taxation; others are delineated by statute, as in worker's compensation. Any attorney can go over your specific issue, determine if he or she is prepared 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 problems?
ANSWER: Every good lawyer keeps track of his time (fees) and expenses (costs). Your retainer agreement should include a affirmation of how the lawyer 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 set up, you are wise to routinely review the docket and see what activities have transpired by your lawyer and the other party/counsel. You should also feel comfortable getting in contact with your attorney at intervals to ascertain the status of the issue, knowing you'll likely be billed for these interactions.

6. QUESTION: Just how do I select an attorney at law?
ANSWER: Legal subjects are as vast as those in other sectors, such as medicine, construction, finance, etc. and can be just as perplexing. To safeguard your rights and remedies, the very best practice would be to research your area of need and research what lawyers are out there to work with you. A recommendation from somebody you know and regard can bring 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 schooling, practical experience and area(s) of practice. Asking a lot of questions should be encouraged in this process. Self-help can be empowering but can also limit or negate your recovery. Hiring a lawyer should be considered with the same level of thought and consideration as that directed at the pick of a medical doctor, accountant, financial consultant or therapist.

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