What Makes A Divorce Lawyer
In the instance that you have not before now, chances are that sometime in your lifetime you will want to retain legal counsel. With the help of my consultation with Tampa Lawyer Christina Mesa, what follows is a number of responses to frequent as well as imperative questions.
1. QUESTION: Do I want to hire an attorney or lawyer in the county where the problem occurs?
ANSWER: No. Many attorneys practice in other counties and other states, depending on their licensure for the latter. Having experience in the county in which the matter will be litigated is important as that lawyer will have a level of comfort with the community courthouse personnel, attorneys (likely opposing counsel) and judges. One consideration in hiring a lawyer away from area in which the matter occurs is cost of journey time. Some attorneys do not charge for travel, others offer a decreased rate or maintain a billable rate for all work performed. Clarify that question with each attorney consulted.
2. QUESTION: How may I make certain my attorney is resolving my problems?
ANSWER: Every good lawyer keeps track of his time (fees) and expenses (costs). Your retainer contract should include a affirmation of how the lawyer bills his clients - in advancemonthly, 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 available, you are wise to periodically review the docket and see what changes have occurred by your counsel and the other party/counsel. You should also feel at ease getting in contact with your attorney at intervals to learn the status of the issue, knowing you'll likely be billed for these interactions.
3. QUESTION: How do I pick an attorney?
ANSWER: Legal matters are as vast as those in other sectors, such as medicine, construction, finance, etc. and are often just as complicated. To protect your legal rights and remedies, the ideal practice would be to study your area of need and research what law firms are available to work with you. A recommendation from somebody you know and regard can bring a personal element to the plan to hire an lawyer but really should not be the exclusive reason counsel is chosen. Look into the lawyer's background of education, practical experience and area(s) of practice. Asking basic questions should be encouraged in this process. Self-help could be empowering but can 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 doctor, accountant, financial expert or therapist.
4. QUESTION: How do I determine if I will need a lawyer or attorney?
ANSWER: If you have already been served with a Summons and related documents (Complaint, Petition, Motion), you really should endeavor to find legal advice immediately. Papers filed in court that commence a lawsuit require responses that involve particular deadlines; missing out on those deadlines could damage your defense, limit or avoid your recovery. Some concerns by statute involve a "pre-suit" period of time that enable you to consider the legal issues and potential resolution before a lawsuit is filed. Similarly, seeking legal counsel at the earliest opportunity is advised.
5. QUESTION: What exactly is mediation?
ANSWER: Mediation is a course of action whereby the parties to the case present at an agreed place with their counsel (if retained) and a selected mediator to try and solve all or some of the issues involved. Mediators are to be unrelated to all participants and the litigation at issue, are to remain impartial in between the parties and their lawyer, and maintain the confidential nature of the conference to recommend settlement and resolution. Typically the parties share the fee of the mediation equally 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 prior to a trial is held.
6. QUESTION: What type of law firm do I need?
ANSWER: Again, like other sectors, lawyers may specialize in a specific or more than one area. Similarly, law firms may specialize, offer general legal needs or offer services in several specific 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 specialized, like bankruptcy or taxation; others are delineated by statute, as in worker's compensation. Any lawyer should be able to go over your particular issue, determine if he/she is prepared to take care of such matters or inform you of the need to seek advice from another in a specialized area.
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