Who Else Wants To Learn About Divorce Lawyers

In the case you haven't previously, probably sometime in a lifetime you'll need to employ an attorney. With the help of my interview with Tampa Lawyer Christina Mesa, here's a list of responses to basic and worthwhile questions.


1. QUESTION: How do I know if I will need a lawyer?
ANSWER: If you have been recently served with a Summons and related documents (Complaint, Petition, Motion), you really should endeavor to seek out legal assistance immediately. Papers filed in court that start a lawsuit require responses that involve particular deadlines; missing those deadlines could damage your defense, limit or avoid your recovery. Some matters by statute involve a "pre-suit" period of time that allow you to take into account the legal issues and possible resolution before a lawsuit is filed. Similarly, seeking legal counsel as soon as possible is advised.

2. QUESTION: Do I need to hire an attorney 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 experience in the county wherein the matter is being litigated is important as that lawyer will have a comfort level with the community courthouse personnel, lawyers (likely opposing lawyer) and judges. One consideration in retaining an attorney outside the area in which the matter takes place is cost of travel time. Some attorneys do not charge for travel, others give you a reduced 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 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 solve all or a number of the issues involved. Mediators need to be unrelated to all parties and the litigation at issue, are to stay impartial amongst the parties and their lawyer, and continue maintaining the confidential structure of the conference to inspire settlement and resolution. Typically the parties share the fee of the mediation evenly but other arrangements may be made if all parties are in agreement in advance of the conference. Mediation is typically required in just about every case filed in court and prior to 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 handle cases involving lawsuits; family law attorneys handle divorce cases, child custody/visitation, child support, alimony and related matters; general practitioners handle nearly all matters. Some areas of law are extremely technical, like bankruptcy or taxation; others are delineated by statute, such as worker's compensation. Any attorney can talk about your specific issue, determine if he/she is prepared to take care of such matters or advise you of the necessity to seek advice from another in a specialized area.


5. QUESTION: How may I be sure my attorney is handling my problems?
ANSWER: Every good attorney monitors his time (fees) and expenses (costs). Your retainer arrangement should include a confirmation of how the lawyer bills his clients - monthly, 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 activities have taken place by your counsel and the other party/counsel. You should also feel comfortable getting in touch with your attorney at intervals to ascertain the status of the matter, knowing you'll likely be billed for these communications.

6. QUESTION: Exactly how do I select an attorney?
ANSWER: Legal matters are as vast as those in other industries, such as medicine, construction, finance, etc. and are often just as perplexing. To protect your legal rights and remedies, the ideal practice is to investigate your area of need and research what lawyers are out there to assist you. A recommendation from someone you know and admire can bring a personal element to the decision to hire an attorney but really should not be the only reason counsel is chosen. Research the attorney's background of education, experience and area(s) of practice. Asking important questions should be urged in this process. Self-help could be strengthening but may also restrict or negate your recovery. Hiring a lawyer should be contemplated with the exact same level of thought and consideration as that directed at the choice of a medical professional, accountant, financial expert or therapist.

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