Why Everybody Is Talking About Divorce Lawyers...The Simple Truth Revealed

If perhaps you have not by now, probably sometime in your lifetime you'll need to retain a lawyer. Thanks to my interview with Tampa Lawyer Christina Mesa, listed here is a group of answers to typical along with important questions.


1. QUESTION: How do I know if I need a lawyer?
ANSWER: If you have already been served with a Summons and comparable documents (Complaint, Petition, Motion), you should endeavor to find legal advice immediately. Papers filed in court that commence a lawsuit require responses that involve specific deadlines; missing out on those deadlines could damage your defense, restrict or avoid your recovery. Some matters by statute involve a "pre-suit" time period that allow you to consider the legal issues and probable resolution before a lawsuit is filed. Similarly, seeking a lawyer at the earliest opportunity is advised.

2. QUESTION: Do I have to hire an attorney at law 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 wherein the matter will be litigated is important as that lawyer will have a comfort level with the community courthouse personnel, attorneys (likely opposing counsel) and judges. One consideration in hiring legal counsel outside the area wherein the matter takes place is cost of journey time. Some lawyers do not charge for travel, others offer a lowered rate or maintain a billable rate for all work conducted. 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 site with their counsel (if retained) and a chosen mediator to try and solve all or a number of the problems involved. Mediators should be unrelated to all parties and the litigation at issue, are to remain impartial between the parties and their lawyer, and continue maintaining the confidential nature of the conference to encourage settlement and resolution. Generally the parties share the fee of the mediation equally but other arrangements may be made if all parties are in agreement in advance of the conference. Mediation is normally required in every case filed in court and before a trial is held.

4. QUESTION: What type of law firm do I need?
ANSWER: Again, like other sectors, lawyers may specialise in a certain or more than one area. Similarly, law offices may specialize, offer general legal needs or offer you services in a few unique areas of law. Trial attorneys deal with cases involving lawsuits; family law attorneys handle divorce cases, child custody/visitation, child support, alimony and related matters; general practitioners handle almost all matters. Some areas of law are extremely specialized, like bankruptcy or taxation; others are delineated by statute, such as worker's compensation. Any lawyer can discuss your specific issue, determine if he/she is prepared to take care of such matters or advise you of the need to speak with another in a specialized area.


5. QUESTION: How can I be sure my lawyer is handling 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 also track your case in some jurisidictions that provide on-line access to case dockets. If the county has that established, you are wise to routinely review the docket and see what events have transpired by your counsel and the other party/counsel. It's also advisable to feel at ease contacting your lawyer at intervals to ascertain the status of the issue, knowing you'll likely be billed for these communications.

6. QUESTION: Exactly how do I select an attorney at law?
ANSWER: Legal troubles are as vast as those in other industries, such as medicine, construction, finance, etc. and usually are just as perplexing. To protect your rights and remedies, the very best practice is to study your area of need and research what attorneys are out there to work with you. A referral from someone you know and respect can bring a personal element to the plan to hire an law firm but really should not be the exclusive reason counsel is chosen. Research the lawyer's background of training, expertise and area(s) of practice. Asking questions should be encouraged in this process. Self-help could be empowering but can also restrict or negate your recovery. Hiring a law firm should be considered with exactly the same level of thought and consideration as that given to the pick of a medical professional, accountant, financial consultant or therapist.

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