Do You Need A Divorce Lawyer
In the instance that you have not previously, chances are that sometime in your life you will want to employ legal counsel. Thanks to my discussion with Tampa Attorney Christina Mesa, here's a number of answers to popular as well as important questions.
1. QUESTION: How do I know if I need a legal professional?
ANSWER: If you have been recently served with a Summons and similar documents (Complaint, Petition, Motion), you really should endeavor to look for legal advice without delay. Papers filed in court that start a lawsuit require responses that involve exact deadlines; missing out on those deadlines could compromise your defense, limit or avoid your recovery. Some issues by statute involve a "pre-suit" period of time that allow you to think about the legal issues and potential resolution before a lawsuit is filed. Similarly, seeking legal counsel immediately is advised.
2. QUESTION: Do I have to hire an attorney in the county where the issue occurs?
ANSWER: No. Many lawyers or attorneys practice in other counties and other states, based upon on their licensure for the latter. Having knowledge in the county wherein the matter is being litigated is important as that attorney will have a level of comfort with the community courthouse personnel, attorneys (likely opposing lawyer) and judges. One consideration in hiring an attorney outside the area wherein the matter occurs is cost of travel time. Some attorneys don't charge for travel, others offer a lowered rate or preserve a billable rate for all work carried out. Discuss that question with each lawyer consulted.
3. QUESTION: What exactly is mediation?
ANSWER: Mediation is a course of action whereby the parties to the matter present at an agreed site with their counsel (if retained) and a selected mediator to try and solve all or a number of the problems involved. Mediators should be unrelated to all participants and the litigation at issue, are to stay impartial in between 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 equally but other arrangements can be made if all parties are in agreement in advance of the conference. Mediation is usually required in every case filed in court and just before a trial is held.
4. QUESTION: What kind of law firm do I need?
ANSWER: Again, like other businesses, lawyers may specialize in a certain or more than one area. Similarly, law firms 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 associated matters; general practitioners handle nearly all matters. Some areas of law are extremely specialized, like bankruptcy or taxation; some are delineated by statute, as in worker's compensation. Any attorney can go over your specific issue, determine if he/she is prepared to take care of such matters or advise you of the necessity to speak with another in a specialised area.
5. QUESTION: How can I be sure my lawyer is handling my issues?
ANSWER: Every good lawyer keeps track of his time (fees) and expenses (costs). Your retainer agreement should include a confirmation of how the lawyer bills his clients - month-to-month, quarterly, etc. You may even keep track of your case in some jurisidictions that supply on-line accessibility to case dockets. If the county has that set up, you're wise to periodically review the docket and see what activities have transpired by your counsel and the other party/counsel. You should also feel at ease getting in touch with your attorney at intervals to ascertain the status of the issue, knowing you'll likely be charged for these interactions.
6. QUESTION: How do I select an attorney or lawyer?
ANSWER: Legal matters are as vast as those in other industries, such as medicine, construction, finance, etc. and are often just as complicated. To safeguard your rights and remedies, the very best practice is to investigate your area of need and research what legal professionals are accessible to help you. A referral from someone you know and admire can add a personal element to the decision to hire an law firm but really should not be the exclusive reason counsel is chosen. Research the attorney's background of education, expertise and area(s) of practice. Asking basic questions should be encouraged in this process. Self-help can be strengthening 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 doctor, accountant, financial specialist or therapist.
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