What You Don t Know About Divorce Lawyers Could Be Costing More Than You Think
In the instance that you have not previously, chances are that sometime in your own life you will want to retain a lawyer. With the help of my interview with Tampa Lawyer Christina Mesa, here is a selection of responses to frequent along with imperative questions.
1. QUESTION: How can I make certain my lawyer is handling my case?
ANSWER: Every good lawyer accounts for his time (fees) and expenses (costs). Your retainer arrangement should include a affirmation of how the attorney bills his clients - month-to-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 established, you are wise to often review the docket and see what activities have taken place by your counsel and the other party/counsel. Also feel comfortable getting in contact with your attorney at intervals to determine the status of the issue, understanding you will likely be billed for these communications.
2. QUESTION: Do I have to hire an attorney at law in the county where the issue occurs?
ANSWER: No. Many attorneys practice in other jurisdictions and other states, depending on their licensure for the latter. Having experience in the county wherein the matter will be litigated is crucial as that attorney will have a level of comfort with the local courthouse personnel, attorneys (likely opposing lawyer) and judges. One consideration in hiring legal counsel outside the area in which the matter occurs is cost of travel time. Some attorneys do not charge for travel, others offer a lowered rate or maintain a billable rate for all work performed. Clarify that question with each attorney consulted.
3. QUESTION: How do I determine if I will need a lawyer?
ANSWER: If you have been served with a Summons and similar documents (Complaint, Petition, Motion), you should endeavor to seek legal advice immediately. Papers filed in court that commence a lawsuit call for responses that involve specific deadlines; missing out on those deadlines could compromise your defense, reduce or avoid your recovery. Some matters by statute involve a "pre-suit" period that enable you to think about the legal issues and probable resolution before a lawsuit is filed. Similarly, seeking a lawyer as quickly as possible is recommended.
4. QUESTION: What is mediation?
ANSWER: Mediation is a course of action whereby the parties to the case present at an agreed area with their counsel (if retained) and a decided on mediator to try and solve all or some of the problems involved. Mediators are to 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 aspect of the conference to encourage settlement and resolution. Generally the parties share the cost of the mediation equally 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 prior to a trial is held.
5. QUESTION: What type of law firm do I need?
ANSWER: Again, like other industries, lawyers may specialize in a specific or more than one area. Similarly, law firms may specialize, offer general legal needs or offer you services in several unique areas of law. Trial lawyers handle cases involving lawsuits; family law attorneys handle divorce, child custody/visitation, child support, alimony and related matters; general practitioners handle most matters. Some areas of law are very complex, like bankruptcy or taxation; others are delineated by statute, such as worker's compensation. Any lawyer can discuss your particular issue, determine if he/she is qualified to handle such matters or advise you of the need to consult with another in a specialized area.
6. QUESTION: Precisely how do I pick an attorney or lawyer?
ANSWER: Legal troubles are as vast as those in other industries, such as medicine, construction, finance, etc. and may be just as complicated. To safeguard your rights and remedies, the best practice would be to investigate your area of need and research what lawyers are out there to work with you. A recommendation from someone you know and admire can bring a personal element to the decision to hire an lawyer but really should not be the only reason counsel is picked. Look into the attorney's background of training, practical experience and area(s) of practice. Asking a lot of questions should be encouraged in this process. Self-help could be empowering but can also restrict or negate your recovery. Hiring a legal professional should be considered with exactly the same degree of thought and consideration as that directed at the choice of a doctor, accountant, financial expert or therapist.
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