What Everybody Ought To Know About Divorce Lawyers
If perhaps you haven't by now, probably sometime in a lifetime you'll need to employ legal counsel. Thanks to my discussion with Tampa Lawyer Christina Mesa, here's a listing of answers to very common and important questions.
1. QUESTION: Do I have to hire an attorney or lawyer in the county where the case occurs?
ANSWER: No. Many attorneys practice in other jurisdictions and other states, depending on their licensure for the latter. Having knowledge in the county wherein the matter will be litigated is important as that attorney will have a level of comfort with the local courthouse personnel, lawyers (likely opposing lawyer) and judges. One consideration in hiring a lawyer away from area in which the matter takes place is cost of journey time. Some attorneys do not charge for travel, others give you a lowered rate or maintain a billable rate for all work carried out. Clarify that question with each lawyer consulted.
2. QUESTION: How may I make sure my attorney is handling my problems?
ANSWER: Every good lawyer monitors his time (fees) and expenditures (costs). Your retainer agreement should include a affirmation of how the attorney bills his clients - month-to-month, quarterly, etc. You can also keep track of your case in some jurisidictions that offer on-line access to case dockets. If the county has that set up, you are wise to often review the docket and see what changes 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 learn the status of the matter, knowing you will likely be charged for these communications.
3. QUESTION: Precisely how do I select an attorney at law?
ANSWER: Legal subjects are as vast as those in other industries, such as medicine, construction, finance, etc. and are often just as perplexing. To safeguard your legal rights and remedies, the very best practice would be to study your area of need and research what lawyers are available to work with you. A recommendation from somebody you know and admire can bring a personal element to the decision to hire an law firm but should not be the singular reason counsel is picked. Look into the lawyer's background of education, practical experience and area(s) of practice. Asking a lot of questions should be urged in this process. Self-help can be empowering but can also limit or negate your recovery. Hiring a law firm should be contemplated with exactly the same degree of thought and consideration as that directed at the pick of a doctor, accountant, financial specialist or therapist.
4. 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 really should endeavor to seek legal assistance now. Papers filed in court that begin a lawsuit call for responses that involve specific deadlines; missing out on those deadlines could damage your defense, restrict or avoid your recovery. Some issues by statute involve a "pre-suit" time period that enable you to take into account the legal issues and potential resolution before a lawsuit is filed. Similarly, seeking legal counsel immediately 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 area with their counsel (if retained) and a chosen mediator to try and solve all or a number of the issues involved. Mediators should be unrelated to all participants and the litigation at issue, are to remain impartial amongst the parties and their counsel, and continue maintaining the confidential structure of the conference to inspire settlement and resolution. Usually the parties share the cost 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 every case filed in court and just before a trial is held.
6. QUESTION: What kind of attorney at law do I need?
ANSWER: Again, like other sectors, lawyers may specialize in a specific or more than one area. Similarly, law offices may specialize, provide general legal needs or offer services in a few unique areas of law. Trial attorneys handle cases involving lawsuits; family law attorneys handle divorce, child custody/visitation, child support, alimony and associated matters; general practitioners handle most matters. Some areas of law are very complex, like bankruptcy or taxation; others are delineated by statute, such as worker's compensation. Any attorney should be able to talk about your specific issue, determine if he/she is prepared to handle such matters or inform you of the need to seek advice from another in a specialised area.
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