What You Don t Know About Divorce Lawyers
In the instance that you haven't previously, probably sometime in your life you will want to seek the services of an attorney at law. With the help of my discussion with Tampa Attorney Christina Mesa, below is a listing of responses to common and fundamental questions.
1. QUESTION: Do I need to hire an attorney 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 attorney will have a level of comfort with the local courthouse personnel, attorneys (likely opposing lawyer) and judges. One matter in retaining legal counsel outside the area in which the matter occurs is cost of travel time. Some lawyers do not charge for travel, others give you a lowered 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 be certain my lawyer is handling my case?
ANSWER: Every good attorney monitors his time (fees) and expenses (costs). Your retainer agreement should include a confirmation of how the attorney bills his clients - once a month, quarterly, etc. You can also 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 occasionally review the docket and see what activities have transpired by your attorney and the other party/counsel. You should also feel comfortable getting in touch with your lawyer at intervals to determine the status of the issue, knowing you'll likely be billed for these interactions.
3. QUESTION: How do I select an attorney?
ANSWER: Legal topics are as vast as those in other sectors, such as medicine, construction, finance, etc. and might be just as complicated. To protect your rights and remedies, the ideal practice is to investigate your area of need and research what attorneys are around to work with you. A referral from somebody you know and admire can bring a personal element to the consideration to hire an law firm but should not be the sole reason counsel is picked. Research the lawyer's background of schooling, practical experience and area(s) of practice. Asking basic questions should be urged in this process. Self-help can be empowering but may also restrict or negate your recovery. Hiring a lawyer should be considered with the same level of thought and consideration as that directed at the selection of a medical professional, accountant, financial advisor or therapist.
4. QUESTION: How do I determine if I will need a lawyer or attorney?
ANSWER: If you have been served with a Summons and comparable documents (Complaint, Petition, Motion), you should endeavor to seek legal assistance without delay. Documents filed in court that commence a lawsuit call for responses that involve particular deadlines; missing out on those deadlines could compromise your defense, limit or avoid your recovery. Some concerns by statute involve a "pre-suit" period that enable you to take into account the legal issues and probable resolution before a lawsuit is filed. Similarly, seeking a lawyer at the earliest opportunity is recommended.
5. QUESTION: Exactly what is mediation?
ANSWER: Mediation is a course of action whereby the parties to the issue present at an agreed location with their counsel (if retained) and a selected mediator to try and resolve all or a number of the problems involved. Mediators should be unrelated to all participants and the litigation at issue, are to stay impartial amongst the parties and their counsel, and continue maintaining the confidential aspect of the conference to recommend settlement and resolution. Generally the parties share the charge of the mediation equally but other arrangements might be made if all parties are in agreement in advance of the conference. Mediation is normally required in just about every case filed in court and before a trial is held.
6. QUESTION: What kind of law firm do I need?
ANSWER: Again, like other industries, attorneys may specialise in a certain or more than one area. Similarly, law firms may specialize, offer general legal needs or offer services in a few precise areas of law. Trial lawyers handle cases involving lawsuits; family law lawyers handle divorce cases, 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; some are delineated by statute, like worker's compensation. Any lawyer should be able to go over your specific issue, determine if he or 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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