Do You Need A Divorce Lawyer

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If you haven't by now, chances are that sometime in your lifetime you will want to hire an attorney at law. Thanks to my discussion with Tampa Lawyer Christina Mesa, here is a number of responses to very common and fundamental questions.


1. QUESTION: How do I know if I will need a lawyer?
ANSWER: If you have been recently served with a Summons and comparable documents (Complaint, Petition, Motion), you should really endeavor to seek legal guidance right away. Papers filed in court that start a lawsuit necessitate responses that involve specific deadlines; skipping those deadlines could damage your defense, limit or avoid your recovery. Some issues by statute involve a "pre-suit" time period that allow you to consider the legal issues and possible resolution before a lawsuit is filed. Similarly, seeking legal counsel as quickly as possible is advised.

2. QUESTION: Do I need to hire an attorney or lawyer in the county where the problem occurs?
ANSWER: No. Many attorneys practice in other counties and other states, depending 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 comfort level with the community courthouse personnel, attorneys (likely opposing counsel) and judges. One thing to consider in retaining an attorney outside the area wherein the matter occurs is cost of journey time. Some attorneys don't charge for travel, others give you a decreased rate or preserve a billable rate for all work conducted. Clarify that question with each attorney consulted.

3. QUESTION: Exactly what is mediation?
ANSWER: Mediation is a course of action whereby the parties to the issue 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 parties and the litigation at issue, are to remain impartial amongst the parties and their counsel, and maintain the confidential nature of the conference to recommend settlement and resolution. Generally 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 type of attorney do I need?
ANSWER: Again, like other businesses, attorneys may specialize in a specific or more than one area. Similarly, law firms may specialize, provide general legal needs or offer services in several specific areas of law. Trial lawyers handle cases involving lawsuits; family law lawyers handle divorce, child custody/visitation, child support, alimony and related matters; general practitioners handle almost all matters. Some areas of law are extremely complex, like bankruptcy or taxation; some are delineated by statute, such as worker's compensation. Any attorney should be able to discuss your particular issue, determine if he or she is prepared to take care of such matters or inform you of the necessity to consult with another in a specialized area.


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

6. QUESTION: Just how do I select an attorney at law?
ANSWER: Legal dilemmas are as vast as those in other industries, such as medicine, construction, finance, etc. and are often just as complex. To safeguard your rights and remedies, the best practice would be to study your area of need and research what lawyers are available to work with you. A recommendation from someone you know and admire can bring a personal element to the plan to hire an attorney but really should not be the sole reason counsel is picked. Research the lawyer's background of education, expertise and area(s) of practice. Asking a lot of questions should be encouraged in this process. Self-help could be empowering but can also limit or negate your recovery. Hiring a law firm should be considered with the exact same degree of thought and consideration as that given to the selection of a doctor, accountant, financial advisor or therapist.

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