You Make These Divorce Lawyer Mistakes
In the event that you haven't already, chances are that sometime in your lifetime you'll have to retain the services of legal counsel. Thanks to my consultation with Tampa Lawyer Christina Mesa, what follows is a number of responses to popular along with fundamental questions.
1. QUESTION: Do I need to hire an attorney in the county where the case occurs?
ANSWER: No. Many lawyers or attorneys practice in other counties 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 comfort level with the county courthouse personnel, lawyers (likely opposing lawyer) and judges. One thing to consider in retaining a lawyer away from area wherein the matter occurs is cost of travel time. Some lawyers do not charge for travel, others give you a decreased rate or maintain a billable rate for all work carried out. Discuss that question with each lawyer consulted.
2. QUESTION: How may I make certain my lawyer is resolving my problems?
ANSWER: Every good attorney keeps track of his time (fees) and expenses (costs). Your retainer arrangement should include a statement of how the lawyer bills his clients - month-to-month, quarterly, etc. You may 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 occasionally review the docket and see what activities have occurred by your lawyer and the other party/counsel. In addition feel comfortable getting in touch with your lawyer at intervals to learn the status of the issue, knowing you will likely be charged for these communications.
3. QUESTION: Exactly how do I select an attorney or lawyer?
ANSWER: Legal issues are as vast as those in other sectors, such as medicine, construction, finance, etc. and can be just as complex. To protect your legal rights and remedies, the ideal practice is to investigate your area of need and research what lawyers are around to assist 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 selected. Look into the lawyer's background of training, experience and area(s) of practice. Asking basic questions should be encouraged in this process. Self-help can be empowering but may also limit or negate your recovery. Hiring a legal professional should be considered with the exact same degree of thought and consideration as that directed at the selection of a physician, accountant, financial expert 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 seek legal advice immediately. Documents filed in court that start a lawsuit call for responses that involve particular deadlines; skipping those deadlines could compromise your defense, limit or avoid your recovery. Some matters by statute involve a "pre-suit" time period that enable you to take into account the legal issues and possible resolution before a lawsuit is filed. Similarly, seeking legal counsel immediately is advised.
5. QUESTION: Precisely 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 some of the concerns involved. Mediators should be unrelated to all participants and the litigation at issue, are to stay impartial between the parties and their counsel, and maintain the confidential structure of the conference to inspire settlement and resolution. Generally 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 usually 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 industries, lawyers may concentrate in a certain or more than one area. Similarly, law offices may specialize, offer general legal needs or provide services in a few specific areas of law. Trial lawyers deal with cases involving lawsuits; family law attorneys handle divorce, child custody/visitation, child support, alimony and related matters; general practitioners handle most matters. Some areas of law are extremely complex, like bankruptcy or taxation; some are delineated by statute, such as worker's compensation. Any lawyer should be able to talk about your particular issue, determine if he/she is qualified to take care of such matters or inform you of the need to consult with another in a specialized area.
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