Do You Need A Divorce Lawyer
Assuming you have not already, chances are that sometime in your lifetime you will need to retain the services of legal counsel. With the help of my discussion with Tampa Attorney Christina Mesa, here is a number of responses to common along with fundamental questions.
1. QUESTION: Do I want to hire an attorney at law in the county where the problem occurs?
ANSWER: No. Many lawyers or attorneys practice in other jurisdictions and other states, depending on their licensure for the latter. Having experience in the county wherein the matter is being litigated is essential as that lawyer will have a comfort level with the community courthouse personnel, lawyers (likely opposing counsel) and judges. One matter in retaining a lawyer away from area wherein the matter takes place is cost of journey time. Some lawyers do not charge for travel, others give you a decreased rate or maintain a billable rate for all work conducted. Talk about that question with each attorney consulted.
2. QUESTION: How am I able to make sure my attorney is handling my case?
ANSWER: Every good attorney keeps track of his time (fees) and expenses (costs). Your retainer agreement should include a affirmation of how the lawyer bills his clients - up front, 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're wise to routinely review the docket and see what activities have occurred by your lawyer and the other party/counsel. You should also feel at ease getting in touch with your lawyer at intervals to determine the status of the issue, understanding you will likely be charged for these communications.
3. 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 often just as perplexing. To safeguard your rights and remedies, the ideal practice is to research your area of need and research what lawyers are around to work with you. A referral from someone you know and regard can add a personal element to the decision to hire an attorney but should not be the sole reason counsel is selected. Look into the lawyer's background of schooling, experience and area(s) of practice. Asking important questions should be urged in this process. Self-help can be strengthening but can also reduce or negate your recovery. Hiring a lawyer should be contemplated with the exact same level of thought and consideration as that directed at the selection of a medical doctor, accountant, financial consultant or therapist.
4. QUESTION: How do I determine if I need a legal professional?
ANSWER: If you have been served with a Summons and associated documents (Complaint, Petition, Motion), you really should endeavor to seek out legal assistance now. Papers filed in court that commence a lawsuit call for responses that involve particular deadlines; skipping those deadlines could damage your defense, reduce or avoid your recovery. Some concerns by statute involve a "pre-suit" period that enable you to consider the legal issues and potential resolution before a lawsuit is filed. Similarly, seeking a lawyer as soon as possible is recommended.
5. QUESTION: What is mediation?
ANSWER: Mediation is a process whereby the parties to the case present at an agreed site with their counsel (if retained) and a decided on mediator to try and solve all or some of the concerns involved. Mediators should be unrelated to all participants and the litigation at issue, are to stay impartial amongst the parties and their lawyer, and maintain the confidential structure of the conference to encourage settlement and resolution. Usually the parties share the fee of the mediation evenly but other arrangements might be made if all parties are in agreement ahead of the conference. Mediation is normally required in just about 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 businesses, attorneys may specialise 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 deal with cases involving lawsuits; family law lawyers handle separation and divorce, child custody/visitation, child support, alimony and associated matters; general practitioners handle nearly all matters. Some areas of law are extremely specialized, like bankruptcy or taxation; some are delineated by statute, such as worker's compensation. Any attorney can discuss your specific issue, determine if he or she is qualified to take care of such matters or advise you of the need to speak with another in a specialized area.
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