What Makes A Divorce Lawyer

Assuming you have not previously, chances are that sometime in your own life you'll need to retain legal counsel. With the help of my interview with Tampa Attorney Christina Mesa, below is a number of responses to very common as well as imperative questions.


1. QUESTION: How do I know if I require a lawyer?
ANSWER: If you have already been served with a Summons and associated documents (Complaint, Petition, Motion), you should endeavor to seek legal guidance without delay. Papers filed in court that commence a lawsuit require responses that involve exact deadlines; missing those deadlines could damage your defense, reduce or avoid your recovery. Some issues by statute involve a "pre-suit" time period that enable you to consider the legal issues and possible resolution before a suit is filed. Similarly, seeking a lawyer immediately is advised.

2. QUESTION: Do I have to hire an attorney at law in the county where the problem occurs?
ANSWER: No. Many attorneys practice in other counties and other states, based on their licensure for the latter. Having knowledge in the county wherein the matter will be litigated is crucial as that lawyer will have a comfort level with the neighborhood courthouse personnel, lawyers (likely opposing counsel) and judges. One consideration in retaining legal counsel outside the area wherein the matter takes place is cost of journey time. Some lawyers don't charge for travel, others give you a decreased rate or maintain a billable rate for all work performed. Discuss that question with each attorney consulted.

3. QUESTION: What exactly is mediation?
ANSWER: Mediation is a course of action whereby the parties to the matter present at an agreed location with their counsel (if retained) and a decided on mediator to try and resolve all or a number of the problems 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. Usually the parties share the fee of the mediation evenly but other arrangements may be made if all parties are in agreement ahead of the conference. Mediation is typically required in just about every case filed in court and just before a trial is held.

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


5. QUESTION: How may I be certain my lawyer is handling my problems?
ANSWER: Every good lawyer keeps track of his time (fees) and expenses (costs). Your retainer arrangement should include a confirmation 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 established, you're wise to periodically review the docket and see what activities have transpired by your counsel and the other party/counsel. You should also feel at ease getting in touch with your lawyer at intervals to ascertain the status of the issue, knowing you'll likely be charged for these interactions.

6. QUESTION: Precisely how do I select an attorney?
ANSWER: Legal subjects are as vast as those in other industries, such as medicine, construction, finance, etc. and might be just as complex. To safeguard your legal rights and remedies, the ideal practice would be to research your area of need and research what law firms are accessible to work with you. A referral from somebody you know and admire can bring a personal element to the plan to hire an lawyer but shouldn't be the only reason counsel is chosen. Look into the attorney's background of training, experience and area(s) of practice. Asking questions should be urged in this process. Self-help could be empowering but may 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 doctor, accountant, financial advisor or therapist.

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