What The Experts Aren t Saying About Divorce Lawyers And How It Affects You
If you haven't by now, probably sometime in your life you will have to retain an attorney at law. Thanks to my consultation with Tampa Attorney Christina Mesa, below is a variety of answers to basic and fundamental questions.
1. QUESTION: Do I need 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, based on their licensure for the latter. Having experience in the county wherein the matter will be litigated is crucial as that lawyer will have a comfort level with the local courthouse personnel, lawyers (likely opposing lawyer) and judges. One consideration in retaining an attorney outside the area wherein the matter occurs is cost of journey time. Some lawyers do not charge for travel, others give you a lowered rate or preserve a billable rate for all work performed. Clarify that question with each attorney consulted.
2. QUESTION: How may I be certain my lawyer is handling my issues?
ANSWER: Every good lawyer monitors his time (fees) and expenditures (costs). Your retainer arrangement should include a statement of how the lawyer bills his clients - once a month, quarterly, etc. You can also keep track of 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 changes have transpired by your attorney and the other party/counsel. You should also feel at ease getting in touch with your attorney at intervals to learn the status of the matter, knowing you'll likely be billed for these interactions.
3. QUESTION: How do I select an attorney or lawyer?
ANSWER: Legal concerns are as vast as those in other sectors, such as medicine, construction, finance, etc. and can be just as perplexing. To protect your legal rights and remedies, the ideal practice is to investigate your area of need and research what law firms are around to work with you. A referral from somebody you know and admire can add a personal element to the plan to hire an lawyer but really should not be the only reason counsel is picked. Research the attorney's background of schooling, practical experience and area(s) of practice. Asking important questions should be encouraged in this process. Self-help can be empowering but can also reduce or negate your recovery. Hiring a law firm should be considered with exactly the same degree of thought and consideration as that given to the selection of a physician, accountant, financial consultant or therapist.
4. QUESTION: How do I determine if I require a legal professional?
ANSWER: If you have been recently served with a Summons and comparable documents (Complaint, Petition, Motion), you should endeavor to seek legal guidance right away. Documents filed in court that start a lawsuit call for responses that involve exact deadlines; missing out on those deadlines could compromise your defense, restrict or avoid your recovery. Some concerns by statute involve a "pre-suit" period of time that allow you to think about the legal issues and probable resolution before a lawsuit is filed. Similarly, seeking legal counsel immediately is recommended.
5. QUESTION: What exactly is mediation?
ANSWER: Mediation is a process whereby the parties to the issue present at an agreed place with their counsel (if retained) and a decided on mediator to try and resolve all or a number of the problems involved. Mediators are to be unrelated to all participants and the litigation at issue, are to stay impartial in between the parties and their counsel, and maintain the confidential aspect of the conference to recommend 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 prior to a trial is held.
6. QUESTION: What type of attorney do I need?
ANSWER: Again, like other sectors, attorneys may concentrate in a certain or more than one area. Similarly, law firms may specialize, provide general legal needs or offer services in several unique areas of law. Trial attorneys handle cases involving lawsuits; family law attorneys handle separation and divorce, child custody/visitation, child support, alimony and related matters; general practitioners handle most matters. Some areas of law are extremely technical, like bankruptcy or taxation; some are delineated by statute, as in worker's compensation. Any attorney should be able to go over your specific issue, determine if he/she is prepared to handle such matters or advise you of the necessity to consult with another in a specialised area.
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