What You Don t Know About Divorce Lawyers
In the case you haven't by now, probably sometime in a lifetime you will want to retain legal counsel. Thanks to my interview with Tampa Lawyer Christina Mesa, below is a number of answers to popular along with fundamental questions.
1. QUESTION: Do I need to hire an attorney or lawyer in the county where the case occurs?
ANSWER: No. Many lawyers practice in other counties and other states, based on their licensure for the latter. Having experience in the county in which the matter is being litigated is essential as that lawyer will have a level of comfort with the community courthouse personnel, attorneys (likely opposing counsel) and judges. One matter in hiring legal counsel outside the area wherein the matter occurs is cost of travel time. Some attorneys don't charge for travel, others offer a lowered rate or preserve a billable rate for all work performed. Discuss that question with each lawyer consulted.
2. QUESTION: How am I able to make sure my attorney is handling my issues?
ANSWER: Every good lawyer keeps track of his time (fees) and expenditures (costs). Your retainer agreement should include a affirmation of how the attorney bills his clients - in advancemonthly, quarterly, etc. You can also track your case in some jurisidictions that provide on-line accessibility to case dockets. If the county has that established, you're wise to occasionally review the docket and see what changes have occurred by your attorney and the other party/counsel. In addition feel comfortable contacting your attorney at intervals to determine the status of the matter, knowing you'll likely be billed for these communications.
3. QUESTION: Exactly how do I pick an attorney or lawyer?
ANSWER: Legal subjects are as vast as those in other sectors, such as medicine, construction, finance, etc. and tend to be just as perplexing. To safeguard your rights and remedies, the best practice is to study your area of need and research what law firms are around to help you. A referral from someone you know and regard can bring a personal element to the plan to hire an attorney but should not be the only reason counsel is chosen. Research the lawyer's background of training, expertise and area(s) of practice. Asking a lot of questions should be encouraged in this process. Self-help could be strengthening but can also limit or negate your recovery. Hiring a law firm should be considered with exactly the same level of thought and consideration as that given to the choice 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 associated documents (Complaint, Petition, Motion), you really should endeavor to find legal advice now. Papers filed in court that commence a lawsuit necessitate responses that involve exact deadlines; missing out on those deadlines could compromise your defense, limit or avoid your recovery. Some issues by statute involve a "pre-suit" period that allow you to consider the legal issues and probable resolution before a lawsuit 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 issue present at an agreed location with their counsel (if retained) and a chosen mediator to try and resolve all or some of the concerns involved. Mediators need to be unrelated to all participants and the litigation at issue, are to stay impartial in between the parties and their counsel, and continue maintaining the confidential nature of the conference to inspire settlement and resolution. Typically the parties share the charge of the mediation equally but other arrangements can be made if all parties are in agreement ahead of the conference. Mediation is generally required in every case filed in court and just before a trial is held.
6. QUESTION: What type of law firm do I need?
ANSWER: Again, like other industries, lawyers may specialise in a specific or more than one area. Similarly, law offices may specialize, provide general legal needs or offer you services in a few precise areas of law. Trial attorneys handle cases involving lawsuits; family law lawyers 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 talk about your specific issue, determine if he or she is prepared to take care of such matters or advise you of the need to consult with another in a specialised area.
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