What Divorce Lawyer Experts Don t Want You To Know
If perhaps you haven't before now, chances are that sometime in your life you will want to hire legal counsel. Thanks to my discussion with Tampa Attorney Christina Mesa, here is a number of responses to very common along with imperative questions.
1. QUESTION: Do I have 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 knowledge in the county in which the matter will be litigated is important as that lawyer will have a comfort level with the local courthouse personnel, attorneys (likely opposing lawyer) and judges. One consideration in hiring legal counsel outside the area wherein the matter takes place is cost of journey time. Some attorneys do not charge for travel, others give you a lowered rate or preserve a billable rate for all work performed. Talk about that question with each lawyer consulted.
2. QUESTION: How am I able to be certain my lawyer is handling my case?
ANSWER: Every good attorney monitors his time (fees) and expenditures (costs). Your retainer arrangement should include a statement of how the attorney bills his clients - once a month, quarterly, etc. You may even keep track of your case in some jurisidictions that offer on-line access to case dockets. If the county has that established, you're wise to routinely review the docket and see what changes 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, knowing you will likely be billed for these interactions.
3. QUESTION: Precisely how do I pick an attorney at law?
ANSWER: Legal issues are as vast as those in other sectors, such as medicine, construction, finance, etc. and are generally just as perplexing. To protect your rights and remedies, the best practice is to investigate your area of need and research what lawyers are available to assist you. A recommendation from someone you know and regard can bring a personal element to the decision to hire an law firm but really should not be the singular reason counsel is selected. Research the lawyer's background of education, expertise and area(s) of practice. Asking important questions should be encouraged in this process. Self-help can be empowering but can also restrict or negate your recovery. Hiring a law firm should be contemplated with exactly the same degree of thought and consideration as that directed at the selection of a medical doctor, accountant, financial advisor or therapist.
4. QUESTION: How do I know if I will need a lawyer?
ANSWER: If you have been served with a Summons and related documents (Complaint, Petition, Motion), you should really endeavor to look for legal assistance without delay. Documents filed in court that begin a lawsuit necessitate responses that involve specific deadlines; skipping those deadlines could compromise your defense, limit or avoid your recovery. Some issues by statute involve a "pre-suit" time period that enable you to think about the legal issues and potential resolution before a lawsuit is filed. Similarly, seeking a lawyer at the earliest opportunity is advised.
5. 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 selected mediator to try and resolve all or a number of the concerns involved. Mediators need to be unrelated to all participants and the litigation at issue, are to stay impartial amongst the parties and their counsel, and maintain the confidential aspect of the conference to inspire settlement and resolution. Usually the parties share the charge of the mediation evenly but other arrangements might be made if all parties are in agreement ahead of the conference. Mediation is typically required in 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 businesses, lawyers may concentrate in a specific or more than one area. Similarly, law offices may specialize, provide general legal needs or offer services in a few unique areas of law. Trial lawyers deal with cases involving lawsuits; family law attorneys handle divorce cases, child custody/visitation, child support, alimony and related matters; general practitioners handle almost all matters. Some areas of law are very technical, like bankruptcy or taxation; some are delineated by statute, as in 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 necessity to seek advice from another in a specialised area.
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