Why Have A Divorce Lawyer
Assuming you haven't already, chances are that sometime in your life you'll have to employ an attorney. Thanks to my consultation with Tampa Lawyer Christina Mesa, here is a number of answers to common as well as important questions.
1. QUESTION: Do I have to hire an attorney in the county where the problem occurs?
ANSWER: No. Many lawyers practice in other counties and other states, based on their licensure for the latter. Having experience in the county wherein the matter is being litigated is crucial as that attorney will have a level of comfort with the local courthouse personnel, lawyers (likely opposing counsel) and judges. One consideration in retaining legal counsel outside the area wherein the matter takes place is cost of journey time. Some lawyers 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 lawyer is working on my case?
ANSWER: Every good lawyer keeps track of his time (fees) and expenditures (costs). Your retainer contract should include a confirmation of how the attorney 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 often review the docket and see what activities have transpired by your attorney and the other party/counsel. It's also advisable to feel at ease getting in contact with your attorney at intervals to learn the status of the matter, knowing you'll likely be charged for these communications.
3. QUESTION: How do I select an attorney at law?
ANSWER: Legal subjects are as vast as those in other sectors, such as medicine, construction, finance, etc. and are often just as complicated. To protect your legal rights and remedies, the ideal practice would be to research your area of need and research what law firms are out there to work with you. A recommendation from someone you know and admire can bring a personal element to the consideration to hire an lawyer but really should not be the sole reason counsel is picked. Research the lawyer's background of education, practical experience and area(s) of practice. Asking important questions should be encouraged in this process. Self-help could be empowering but may also restrict or negate your recovery. Hiring a lawyer should be contemplated with the same degree of thought and consideration as that given to the pick of a physician, accountant, financial specialist or therapist.
4. QUESTION: How do I know if I will need a lawyer or attorney?
ANSWER: If you have been served with a Summons and comparable documents (Complaint, Petition, Motion), you should really endeavor to look for legal guidance now. Papers filed in court that commence a lawsuit necessitate responses that involve exact deadlines; missing out on those deadlines could damage your defense, reduce or avoid your recovery. Some concerns by statute involve a "pre-suit" time period that enable you to think about the legal issues and probable resolution before a suit is filed. Similarly, seeking legal counsel at the earliest opportunity is advised.
5. 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 solve all or some of the concerns involved. Mediators should be unrelated to all participants and the litigation at issue, are to remain impartial amongst the parties and their lawyer, and maintain the confidential structure of the conference to inspire settlement and resolution. Generally the parties share the cost of the mediation equally but other arrangements can be made if all parties are in agreement in advance of the conference. Mediation is usually required in 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, lawyers may concentrate in a certain or more than one area. Similarly, law firms may specialize, offer general legal needs or offer services in a few precise areas of law. Trial attorneys handle cases involving lawsuits; family law lawyers handle divorce cases, child custody/visitation, child support, alimony and related matters; general practitioners handle most matters. Some areas of law are extremely complex, like bankruptcy or taxation; some are delineated by statute, like worker's compensation. Any attorney should be able to go over your specific issue, determine if he or she is qualified to take care of such matters or advise you of the necessity to speak with another in a specialized area.
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