What Everybody Ought To Know About Divorce Lawyers
Assuming you haven't previously, chances are that sometime in your own lifetime you will have to hire legal counsel. With the help of my discussion with Tampa Attorney Christina Mesa, here's a listing of responses to basic as well as fundamental questions.
1. QUESTION: Do I have to hire an attorney in the county where the case occurs?
ANSWER: No. Many lawyers practice in other counties and other states, depending on their licensure for the latter. Having knowledge in the county in which the matter will be litigated is essential as that lawyer will have a level of comfort with the neighborhood courthouse personnel, lawyers (likely opposing counsel) and judges. One consideration in retaining a lawyer away from area wherein the matter takes place is cost of journey time. Some attorneys don't charge for travel, others give you a decreased rate or maintain a billable rate for all work conducted. Discuss that question with each attorney consulted.
2. QUESTION: How can I be sure my attorney is working on my issues?
ANSWER: Every good lawyer monitors his time (fees) and expenditures (costs). Your retainer contract should include a affirmation of how the attorney bills his clients - once a 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 available, you are wise to periodically review the docket and see what activities have transpired by your counsel and the other party/counsel. Also feel comfortable getting in contact with your lawyer at intervals to determine the status of the issue, understanding you will likely be charged for these communications.
3. QUESTION: How do I pick an attorney or lawyer?
ANSWER: Legal issues are as vast as those in other industries, such as medicine, construction, finance, etc. and can be just as perplexing. To safeguard your rights and remedies, the very best practice is to investigate your area of need and research what law firms are accessible to work with you. A recommendation from someone you know and regard can add a personal element to the plan to hire an attorney but shouldn't be the exclusive reason counsel is picked. Research the lawyer's background of education, expertise and area(s) of practice. Asking important questions should be urged in this process. Self-help can be strengthening but can also reduce or negate your recovery. Hiring a lawyer should be contemplated with the same level of thought and consideration as that directed at the pick of a medical professional, accountant, financial consultant 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 associated documents (Complaint, Petition, Motion), you should endeavor to seek out legal advice right away. Papers filed in court that start a lawsuit require responses that involve particular deadlines; missing those deadlines could compromise your defense, restrict or avoid your recovery. Some matters by statute involve a "pre-suit" period that enable you to consider the legal issues and probable resolution before a suit is filed. Similarly, seeking a lawyer as soon as possible is advised.
5. QUESTION: What is mediation?
ANSWER: Mediation is a process whereby the parties to the issue present at an agreed location with their counsel (if retained) and a chosen mediator to try and solve all or some of the problems involved. Mediators should be unrelated to all participants and the litigation at issue, are to stay impartial amongst the parties and their counsel, and maintain the confidential nature of the conference to inspire settlement and resolution. Generally the parties share the charge of the mediation equally but other arrangements might be made if all parties are in agreement ahead of the conference. Mediation is normally required in just about every case filed in court and before a trial is held.
6. QUESTION: What type of attorney at law do I need?
ANSWER: Again, like other industries, lawyers may specialise in a specific or more than one area. Similarly, law firms may specialize, provide general legal needs or offer you services in a few unique 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 almost all matters. Some areas of law are extremely complex, like bankruptcy or taxation; some are delineated by statute, like worker's compensation. Any attorney can discuss your specific issue, determine if he/she is qualified to handle such matters or advise you of the need to consult with another in a specialised area.
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