Why You Need A Divorce Lawyer
If you have not already, chances are that sometime in your life you will need to retain the services of an attorney. Thanks to my interview with Tampa Lawyer Christina Mesa, listed here is a number of answers to typical along with imperative questions.
1. QUESTION: Do I need 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, based on their licensure for the latter. Having knowledge in the county wherein the matter will be litigated is essential as that lawyer will have a comfort level with the local courthouse personnel, lawyers (likely opposing counsel) and judges. One matter in retaining an attorney outside the area wherein the matter occurs is cost of travel time. Some attorneys don't charge for travel, others offer a decreased rate or preserve a billable rate for all work carried out. Talk about that question with each lawyer consulted.
2. QUESTION: How will I make sure my attorney is resolving my case?
ANSWER: Every good lawyer monitors his time (fees) and expenses (costs). Your retainer contract should include a confirmation of how the attorney bills his clients - up front, quarterly, etc. You can also track your case in some jurisidictions that offer on-line accessibility to case dockets. If the county has that set up, you are wise to occasionally review the docket and see what changes have taken place by your counsel and the other party/counsel. It's also advisable to feel at ease getting in contact with your lawyer at intervals to determine the status of the issue, understanding you'll likely be charged for these communications.
3. QUESTION: Exactly how do I select an attorney or lawyer?
ANSWER: Legal difficulties are as vast as those in other industries, such as medicine, construction, finance, etc. and tend to be just as perplexing. To protect your legal rights and remedies, the very best practice is to research your area of need and research what law firms are around to assist you. A referral from somebody you know and admire can add a personal element to the consideration to hire an attorney but should not be the singular reason counsel is chosen. Research the attorney's background of training, practical experience and area(s) of practice. Asking important questions should be encouraged in this process. Self-help could be empowering but can also reduce or negate your recovery. Hiring a legal professional should be considered 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 know if I require a lawyer or attorney?
ANSWER: If you have recently been served with a Summons and associated documents (Complaint, Petition, Motion), you should endeavor to find legal advice without delay. Documents filed in court that begin a lawsuit require responses that involve exact deadlines; missing those deadlines could compromise your defense, limit or avoid your recovery. Some matters by statute involve a "pre-suit" period that allow you to consider the legal issues and possible resolution before a lawsuit is filed. Similarly, seeking legal counsel as quickly as possible is advised.
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 chosen mediator to try and resolve 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 counsel, and maintain the confidential nature of the conference to recommend settlement and resolution. Typically the parties share the cost of the mediation evenly but other arrangements can 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 lawyer do I need?
ANSWER: Again, like other businesses, attorneys may specialize in a specific or more than one area. Similarly, law offices may specialize, offer general legal needs or offer services in several unique areas of law. Trial lawyers deal with cases involving lawsuits; family law lawyers handle separation and divorce, 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, such as worker's compensation. Any attorney can go over your particular issue, determine if he or she is qualified to take care of such matters or advise you of the necessity to consult with another in a specialized area.
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