How To Get A Divorce Lawyer
If you have not already, chances are that sometime in your own life you will have to seek the services of an attorney at law. Thanks to my discussion with Tampa Lawyer Christina Mesa, what follows is a group of answers to popular as well as imperative questions.
1. QUESTION: Do I have to hire an attorney in the county where the issue 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 is being litigated is crucial as that attorney will have a level of comfort with the community courthouse personnel, lawyers (likely opposing lawyer) and judges. One thing to consider in retaining a lawyer outside the area in which the matter occurs is cost of travel time. Some attorneys don't charge for travel, others give you a reduced rate or maintain a billable rate for all work conducted. Talk about that question with each lawyer consulted.
2. QUESTION: How will I make sure my attorney is handling my issues?
ANSWER: Every good attorney accounts for his time (fees) and expenses (costs). Your retainer agreement should include a confirmation of how the lawyer bills his clients - once a month, quarterly, etc. You may even track your case in some jurisidictions that provide on-line accessibility to case dockets. If the county has that set up, you're wise to routinely review the docket and see what activities have occurred by your attorney and the other party/counsel. You should also feel comfortable getting in touch with your lawyer at intervals to learn the status of the issue, understanding you will likely be charged for these communications.
3. QUESTION: How do I select an attorney?
ANSWER: Legal troubles are as vast as those in other sectors, such as medicine, construction, finance, etc. and may be just as complex. To protect your rights and remedies, the ideal practice would be to study your area of need and research what lawyers are around to work with you. A referral from someone you know and respect can add a personal element to the decision to hire an attorney but shouldn't be the only reason counsel is selected. Look into the lawyer's background of training, practical experience and area(s) of practice. Asking basic questions should be encouraged in this process. Self-help can be strengthening but can also limit or negate your recovery. Hiring a lawyer should be contemplated with the exact same degree of thought and consideration as that given to the choice of a physician, accountant, financial advisor or therapist.
4. QUESTION: How do I determine if I will need a legal professional?
ANSWER: If you have already been served with a Summons and similar documents (Complaint, Petition, Motion), you should really endeavor to seek out legal advice without delay. Documents filed in court that begin a lawsuit require responses that involve particular deadlines; skipping those deadlines could compromise your defense, restrict or avoid your recovery. Some concerns by statute involve a "pre-suit" period that allow you to take into account the legal issues and possible resolution before a lawsuit is filed. Similarly, seeking a lawyer as soon as possible is advised.
5. QUESTION: What exactly is mediation?
ANSWER: Mediation is a course of action whereby the parties to the issue present at an agreed place with their counsel (if retained) and a decided on mediator to try and solve all or some of the concerns 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 structure of the conference to inspire settlement and resolution. Usually the parties share the charge of the mediation equally but other arrangements might 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 attorney do I need?
ANSWER: Again, like other businesses, attorneys may concentrate in a specific or more than one area. Similarly, law firms may specialize, provide general legal needs or offer services in a few precise areas of law. Trial lawyers handle cases involving lawsuits; family law attorneys 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 specialized, like bankruptcy or taxation; others are delineated by statute, like worker's compensation. Any attorney can discuss your particular issue, determine if he/she is prepared to take care of such matters or advise you of the necessity to consult with another in a specialised area.
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