Why You Need A Divorce Lawyer

If you have not previously, probably sometime in your lifetime you will need to hire an attorney. Thanks to my consultation with Tampa Attorney Christina Mesa, listed here is a group of responses to basic as well as worthwhile questions.


1. QUESTION: How do I know if I will need a lawyer?
ANSWER: If you have been served with a Summons and related documents (Complaint, Petition, Motion), you really should endeavor to seek legal advice immediately. Papers filed in court that start a lawsuit necessitate responses that involve particular deadlines; missing out on those deadlines could compromise your defense, reduce or avoid your recovery. Some issues 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 a lawyer as quickly as possible is recommended.

2. QUESTION: Do I have to hire an attorney at law in the county where the issue occurs?
ANSWER: No. Many lawyers 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 important as that attorney will have a level of comfort with the neighborhood courthouse personnel, attorneys (likely opposing counsel) and judges. One thing to consider in hiring an attorney away from area wherein the matter occurs is cost of travel time. Some lawyers do not charge for travel, others offer a lowered rate or preserve a billable rate for all work carried out. Discuss that question with each lawyer consulted.

3. QUESTION: What is mediation?
ANSWER: Mediation is a process whereby the parties to the matter present at an agreed place with their counsel (if retained) and a selected mediator to try and resolve all or some of the issues involved. Mediators need to be unrelated to all parties and the litigation at issue, are to stay impartial between the parties and their lawyer, and continue maintaining the confidential nature of the conference to inspire settlement and resolution. Generally the parties share the fee of the mediation evenly but other arrangements might be made if all parties are in agreement in advance of the conference. Mediation is usually required in every case filed in court and before a trial is held.

4. QUESTION: What kind of attorney at law do I need?
ANSWER: Again, like other sectors, attorneys may specialize in a specific or more than one area. Similarly, law firms may specialize, provide general legal needs or offer you services in several precise areas of law. Trial attorneys handle cases involving lawsuits; family law lawyers 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; some are delineated by statute, such as 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 advise you of the necessity to seek advice from another in a specialised area.


5. QUESTION: How am I able to be sure my attorney is handling my issues?
ANSWER: Every good lawyer keeps track of his time (fees) and expenses (costs). Your retainer agreement should include a confirmation of how the lawyer bills his clients - once a month, quarterly, etc. You may also keep track of your case in some jurisidictions that offer on-line access to case dockets. If the county has that set up, you're wise to occasionally review the docket and see what events have taken place by your lawyer and the other party/counsel. It's also advisable to feel at ease getting in contact with your attorney at intervals to learn the status of the issue, knowing you'll likely be billed for these communications.

6. QUESTION: How do I select an attorney or lawyer?
ANSWER: Legal issues are as vast as those in other sectors, such as medicine, construction, finance, etc. and are generally just as complicated. To protect your legal rights and remedies, the best practice is to investigate your area of need and research what legal professionals are out there to work with you. A referral from someone you know and regard can bring a personal element to the consideration to hire an law firm but shouldn't be the sole reason counsel is selected. Look into the attorney's background of schooling, expertise and area(s) of practice. Asking basic questions should be encouraged in this process. Self-help can be empowering but may also reduce or negate your recovery. Hiring a lawyer should be considered with the same degree of thought and consideration as that directed at the selection of a medical doctor, accountant, financial consultant or therapist.

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