Why You Need A Divorce Lawyer
Assuming you have not already, probably sometime in a lifetime you will need to retain an attorney. With the help of my discussion with Tampa Lawyer Christina Mesa, below is a number of responses to frequent as well as important questions.
1. QUESTION: Do I need to hire an attorney or lawyer in the county where the problem occurs?
ANSWER: No. Many attorneys practice in other jurisdictions and other states, depending on their licensure for the latter. Having experience in the county wherein the matter will be litigated is crucial as that attorney will have a comfort level with the community courthouse personnel, attorneys (likely opposing counsel) and judges. One thing to consider in hiring legal counsel outside the area wherein the matter takes place is cost of journey time. Some attorneys don't charge for travel, others offer a decreased rate or preserve a billable rate for all work conducted. Clarify that question with each lawyer consulted.
2. QUESTION: How will I be sure my lawyer is resolving my problems?
ANSWER: Every good lawyer accounts for his time (fees) and expenses (costs). Your retainer agreement should include a statement of how the attorney bills his clients - once a month, quarterly, etc. You may even track your case in some jurisidictions that offer on-line accessibility to case dockets. If the county has that set up, you are wise to periodically review the docket and see what events have transpired by your lawyer and the other party/counsel. In addition feel at ease contacting your lawyer at intervals to ascertain the status of the issue, understanding you will likely be billed for these interactions.
3. QUESTION: Exactly how do I pick an attorney or lawyer?
ANSWER: Legal matters are as vast as those in other sectors, such as medicine, construction, finance, etc. and may be just as perplexing. To protect your legal rights and remedies, the best practice is to study your area of need and research what attorneys are out there to work with you. A recommendation from someone you know and respect can bring a personal element to the consideration to hire an attorney but should not be the sole reason counsel is selected. Research the lawyer's background of schooling, experience and area(s) of practice. Asking questions should be encouraged in this process. Self-help could be empowering but can also reduce or negate your recovery. Hiring a legal professional should be contemplated with the exact same level of thought and consideration as that given to the pick of a medical professional, accountant, financial specialist or therapist.
4. QUESTION: How do I determine if I will need a lawyer?
ANSWER: If you have been served with a Summons and associated documents (Complaint, Petition, Motion), you should really endeavor to look for legal assistance now. Documents filed in court that commence a lawsuit call for responses that involve specific deadlines; missing out on those deadlines could compromise your defense, reduce or avoid your recovery. Some concerns by statute involve a "pre-suit" period that enable you to consider the legal issues and possible resolution before a lawsuit is filed. Similarly, seeking legal counsel as quickly as possible is recommended.
5. QUESTION: Precisely what is mediation?
ANSWER: Mediation is a process whereby the parties to the issue present at an agreed area with their counsel (if retained) and a selected mediator to try and solve all or some of the problems involved. Mediators should be unrelated to all parties and the litigation at issue, are to remain impartial in between the parties and their lawyer, and maintain the confidential structure of the conference to recommend settlement and resolution. Usually the parties share the charge of the mediation evenly but other arrangements might be made if all parties are in agreement ahead of the conference. Mediation is normally required in every case filed in court and just before a trial is held.
6. QUESTION: What kind of attorney do I need?
ANSWER: Again, like other industries, lawyers may specialize in a specific or more than one area. Similarly, law firms may specialize, offer general legal needs or provide services in several unique areas of law. Trial lawyers handle cases involving lawsuits; family law lawyers handle separation and divorce, child custody/visitation, child support, alimony and associated matters; general practitioners handle most matters. Some areas of law are very technical, like bankruptcy or taxation; others are delineated by statute, as in worker's compensation. Any attorney should be able to go over your specific issue, determine if he or she is prepared to handle such matters or inform you of the necessity to consult with another in a specialised area.
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