What You Don t Know About Divorce Lawyers
If perhaps you have not by now, chances are that sometime in your lifetime you'll have to retain the services of an attorney at law. Thanks to my interview with Tampa Lawyer Christina Mesa, listed here is a listing of responses to basic as well as fundamental questions.
1. QUESTION: How will I be sure my lawyer is working on my case?
ANSWER: Every good attorney accounts for his time (fees) and expenditures (costs). Your retainer contract should include a statement of how the lawyer bills his clients - up front, quarterly, etc. You can also keep track of your case in some jurisidictions that provide on-line accessibility to case dockets. If the county has that available, you are wise to routinely review the docket and see what changes have transpired by your counsel and the other party/counsel. Also feel comfortable contacting your lawyer at intervals to learn the status of the issue, understanding you will likely be charged for these interactions.
2. QUESTION: Do I have to hire an attorney at law in the county where the issue occurs?
ANSWER: No. Many lawyers practice in other jurisdictions and other states, based on their licensure for the latter. Having knowledge in the county wherein the matter will be litigated is essential as that lawyer will have a comfort level with the neighborhood courthouse personnel, lawyers (likely opposing counsel) and judges. One consideration in retaining a lawyer outside the area wherein the matter takes place is cost of travel time. Some attorneys do not charge for travel, others give you a decreased rate or preserve a billable rate for all work performed. Talk about that question with each attorney consulted.
3. QUESTION: How do I determine if I will need a lawyer or attorney?
ANSWER: If you have been served with a Summons and similar documents (Complaint, Petition, Motion), you should endeavor to seek legal assistance right away. Documents filed in court that commence a lawsuit call for responses that involve exact deadlines; missing those deadlines could compromise your defense, restrict or avoid your recovery. Some issues by statute involve a "pre-suit" time period that allow you to think about the legal issues and probable resolution before a lawsuit is filed. Similarly, seeking a lawyer at the earliest opportunity is recommended.
4. QUESTION: What exactly is mediation?
ANSWER: Mediation is a process whereby the parties to the matter present at an agreed place with their counsel (if retained) and a selected mediator to try and resolve all or some of the problems involved. Mediators need to be unrelated to all parties and the litigation at issue, are to stay impartial between the parties and their lawyer, and continue maintaining the confidential aspect of the conference to encourage settlement and resolution. Usually the parties share the charge of the mediation evenly but other arrangements may be made if all parties are in agreement ahead of the conference. Mediation is typically required in every case filed in court and before a trial is held.
5. QUESTION: What kind of attorney do I need?
ANSWER: Again, like other sectors, attorneys may concentrate in a certain or more than one area. Similarly, law firms may specialize, offer general legal needs or provide services in a few specific areas of law. Trial attorneys handle cases involving lawsuits; family law attorneys handle divorce cases, child custody/visitation, child support, alimony and related matters; general practitioners handle nearly all matters. Some areas of law are extremely specialized, like bankruptcy or taxation; some are delineated by statute, such as worker's compensation. Any lawyer should be able to 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.
6. QUESTION: Just how do I pick an attorney at law?
ANSWER: Legal dilemmas are as vast as those in other industries, such as medicine, construction, finance, etc. and usually are just as complicated. To protect your legal rights and remedies, the best practice would be to research your area of need and research what attorneys are accessible to work with you. A recommendation from somebody you know and admire can add a personal element to the plan to hire an attorney but should not be the sole reason counsel is picked. Look into 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 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 selection of a doctor, accountant, financial expert or therapist.
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