Why You Need A Divorce Lawyer

In the instance that you haven't before now, chances are that sometime in your life you will need to retain the services of a lawyer. With the help of my discussion with Tampa Attorney Christina Mesa, what follows is a variety of responses to basic and important questions.


1. QUESTION: How do I know if I will need a lawyer or attorney?
ANSWER: If you have been recently served with a Summons and similar documents (Complaint, Petition, Motion), you should endeavor to look for legal advice without delay. Papers filed in court that commence a lawsuit necessitate responses that involve specific deadlines; skipping those deadlines could damage your defense, restrict or avoid your recovery. Some concerns by statute involve a "pre-suit" time period that allow you to consider the legal issues and potential resolution before a suit is filed. Similarly, seeking legal counsel immediately is recommended.

2. QUESTION: Do I need to hire an attorney in the county where the issue occurs?
ANSWER: No. Many lawyers or 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, lawyers (likely opposing counsel) and judges. One consideration in hiring an attorney outside the area wherein the matter occurs is cost of travel time. Some lawyers don't charge for travel, others offer a decreased rate or maintain a billable rate for all work performed. Discuss that question with each lawyer consulted.

3. QUESTION: Precisely what is mediation?
ANSWER: Mediation is a process whereby the parties to the matter present at an agreed location with their counsel (if retained) and a chosen 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 maintain the confidential structure of the conference to inspire settlement and resolution. Generally the parties share the cost of the mediation evenly but other arrangements can be made if all parties are in agreement ahead 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 sectors, attorneys may concentrate in a specific or more than one area. Similarly, law offices may specialize, offer general legal needs or offer services in several precise areas of law. Trial attorneys deal with cases involving lawsuits; family law attorneys handle separation and divorce, child custody/visitation, child support, alimony and associated matters; general practitioners handle almost all matters. Some areas of law are extremely specialized, 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 or she is qualified to take care of such matters or inform you of the necessity to speak with another in a specialized 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 arrangement should include a affirmation of how the lawyer bills his clients - once a month, quarterly, etc. You may even track your case in some jurisidictions that provide on-line accessibility to case dockets. If the county has that set up, you are wise to routinely review the docket and see what events have taken place by your lawyer and the other party/counsel. It's also advisable to feel comfortable getting in touch with your attorney at intervals to learn the status of the matter, knowing you will likely be charged for these communications.

6. QUESTION: Exactly how do I select an attorney?
ANSWER: Legal problems are as vast as those in other sectors, such as medicine, construction, finance, etc. and are generally just as complicated. To safeguard your rights and remedies, the very best practice would be to study your area of need and research what attorneys are available to work with you. A recommendation from somebody you know and regard can bring a personal element to the plan to hire an law firm but shouldn't be the singular reason counsel is selected. Look into the lawyer's background of education, experience and area(s) of practice. Asking basic questions should be urged in this process. Self-help can be strengthening but can also restrict or negate your recovery. Hiring a law firm should be considered with the same level of thought and consideration as that given to the selection of a doctor, accountant, financial advisor or therapist.

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