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In the case you haven't previously, chances are that sometime in your own life you will have to retain the services of legal counsel. Thanks to my consultation with Tampa Lawyer Christina Mesa, what follows is a listing of answers to frequent and important questions.
1. QUESTION: Do I have to hire an attorney or lawyer 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 in which the matter is being litigated is essential as that lawyer will have a level of comfort with the local courthouse personnel, attorneys (likely opposing counsel) and judges. One thing to consider in hiring legal counsel outside the area wherein the matter occurs is cost of journey time. Some lawyers do not charge for travel, others give you a reduced rate or preserve a billable rate for all work carried out. Talk about that question with each attorney consulted.
2. QUESTION: How am I able to make sure my lawyer is handling my case?
ANSWER: Every good lawyer keeps track of his time (fees) and expenditures (costs). Your retainer contract should include a statement of how the lawyer bills his clients - in advancemonthly, quarterly, etc. You can also track your case in some jurisidictions that provide on-line accessibility to case dockets. If the county has that established, you're wise to often review the docket and see what activities have transpired by your lawyer and the other party/counsel. You should also feel at ease getting in contact with your lawyer at intervals to determine the status of the matter, knowing you'll likely be charged for these interactions.
3. QUESTION: Precisely how do I select an attorney or lawyer?
ANSWER: Legal subjects are as vast as those in other sectors, such as medicine, construction, finance, etc. and can be just as perplexing. To protect your rights and remedies, the very best practice is to investigate your area of need and research what legal professionals are around to help you. A referral from somebody you know and regard can add a personal element to the plan to hire an law firm but really should not be the only reason counsel is chosen. Look into the attorney's background of education, practical experience and area(s) of practice. Asking questions should be urged in this process. Self-help can be strengthening but may also limit 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 choice of a medical doctor, accountant, financial consultant or therapist.
4. QUESTION: How do I know if I will need a lawyer?
ANSWER: If you have already been served with a Summons and associated documents (Complaint, Petition, Motion), you really should endeavor to find legal guidance without delay. Papers filed in court that start a lawsuit require responses that involve exact deadlines; missing those deadlines could compromise your defense, restrict or avoid your recovery. Some concerns by statute involve a "pre-suit" period of time that enable you to consider the legal issues and possible resolution before a suit is filed. Similarly, seeking legal counsel immediately is recommended.
5. QUESTION: What is mediation?
ANSWER: Mediation is a course of action whereby the parties to the matter present at an agreed local with their counsel (if retained) and a decided on mediator to try and solve all or some of the problems involved. Mediators should be unrelated to all parties and the litigation at issue, are to remain impartial amongst the parties and their lawyer, and maintain the confidential nature of the conference to encourage 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 ahead of the conference. Mediation is generally required in just about every case filed in court and just before a trial is held.
6. QUESTION: What kind of attorney at law do I need?
ANSWER: Again, like other industries, lawyers may specialise in a certain or more than one area. Similarly, law firms may specialize, provide general legal needs or offer services in a few precise areas of law. Trial lawyers handle cases involving lawsuits; family law attorneys handle divorce cases, 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, like worker's compensation. Any attorney can go over your specific issue, determine if he/she is prepared to handle such matters or advise you of the need to seek advice from another in a specialized area.
