How To Get A Divorce Lawyer
In the case you have not before now, chances are that sometime in a lifetime you will need to hire a lawyer. With the help of my consultation with Tampa Lawyer Christina Mesa, what follows is a listing of responses to popular and worthwhile questions.
1. QUESTION: How do I know if I need a lawyer or attorney?
ANSWER: If you have recently been served with a Summons and similar documents (Complaint, Petition, Motion), you should endeavor to look for legal guidance immediately. Papers filed in court that begin a lawsuit require responses that involve exact deadlines; skipping those deadlines could compromise your defense, restrict or avoid your recovery. Some issues by statute involve a "pre-suit" period that enable you to consider the legal issues and potential resolution before a lawsuit is filed. Similarly, seeking a lawyer immediately is recommended.
2. QUESTION: Do I have to hire an attorney in the county where the problem occurs?
ANSWER: No. Many attorneys practice in other counties and other states, based on their licensure for the latter. Having experience in the county wherein the matter will be litigated is essential as that lawyer will have a level of comfort with the local courthouse personnel, attorneys (likely opposing counsel) and judges. One thing to consider in hiring a lawyer away from area in which the matter takes place is cost of travel time. Some lawyers don't charge for travel, others give you a lowered rate or maintain a billable rate for all work performed. Discuss that question with each attorney consulted.
3. QUESTION: What exactly is mediation?
ANSWER: Mediation is a course of action whereby the parties to the matter present at an agreed area with their counsel (if retained) and a decided on mediator to try and resolve all or a number of the issues involved. Mediators should be unrelated to all participants and the litigation at issue, are to stay impartial in between the parties and their lawyer, and maintain the confidential nature of the conference to encourage settlement and resolution. Typically the parties share the charge of the mediation equally but other arrangements can be made if all parties are in agreement ahead 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 attorney do I need?
ANSWER: Again, like other industries, attorneys may specialise in a specific or more than one area. Similarly, law firms may specialize, offer general legal needs or offer you services in a few unique areas of law. Trial attorneys handle cases involving lawsuits; family law lawyers handle separation and divorce, child custody/visitation, child support, alimony and related matters; general practitioners handle nearly 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 discuss your particular issue, determine if he or she is prepared to handle such matters or advise you of the necessity to seek advice from another in a specialised area.
5. QUESTION: How may I be certain my attorney is handling my issues?
ANSWER: Every good lawyer keeps track of his time (fees) and expenditures (costs). Your retainer agreement should include a confirmation of how the lawyer bills his clients - once a month, quarterly, etc. You may even keep track of 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 activities have transpired by your lawyer and the other party/counsel. It's also advisable to feel at ease getting in touch with your lawyer at intervals to ascertain the status of the issue, knowing you'll likely be charged for these communications.
6. QUESTION: Exactly how do I select an attorney or lawyer?
ANSWER: Legal concerns are as vast as those in other industries, such as medicine, construction, finance, etc. and can be just as complicated. To protect your rights and remedies, the best 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 admire can add a personal element to the decision to hire an lawyer but really should not be the only reason counsel is picked. Research the lawyer's background of schooling, expertise and area(s) of practice. Asking important questions should be urged in this process. Self-help could be empowering but can also restrict or negate your recovery. Hiring a law firm should be considered with the same degree of thought and consideration as that directed at the pick of a doctor, accountant, financial consultant or therapist.
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