Why Have A Divorce Lawyer
In case you haven't already, chances are that sometime in your life you'll have to hire a lawyer. Thanks to my discussion with Tampa Attorney Christina Mesa, below is a group of responses to popular and imperative questions.
1. QUESTION: Do I want to hire an attorney in the county where the case occurs?
ANSWER: No. Many lawyers or attorneys practice in other counties and other states, based on their licensure for the latter. Having knowledge in the county in which the matter will be litigated is essential as that attorney will have a comfort level with the local courthouse personnel, lawyers (likely opposing counsel) and judges. One matter in retaining legal counsel away from area in which the matter occurs is cost of journey time. Some attorneys don't charge for travel, others offer a lowered rate or maintain a billable rate for all work performed. Discuss that question with each attorney consulted.
2. QUESTION: How will I be sure my attorney is working on my issues?
ANSWER: Every good lawyer accounts for his time (fees) and expenditures (costs). Your retainer contract should include a affirmation of how the lawyer bills his clients - in advancemonthly, quarterly, etc. You may even track your case in some jurisidictions that supply on-line access to case dockets. If the county has that established, you are wise to periodically review the docket and see what changes have taken place by your lawyer and the other party/counsel. You should also feel comfortable getting in contact with your lawyer at intervals to learn the status of the issue, understanding you will likely be billed for these interactions.
3. QUESTION: Just how do I pick an attorney or lawyer?
ANSWER: Legal problems are as vast as those in other sectors, such as medicine, construction, finance, etc. and may be just as complicated. To protect your legal rights and remedies, the very best practice is to study your area of need and research what legal professionals are out there to assist you. A referral from somebody you know and regard can bring a personal element to the plan to hire an lawyer but really should not be the exclusive reason counsel is chosen. Research the lawyer's background of schooling, practical experience and area(s) of practice. Asking questions should be urged in this process. Self-help can be empowering but can also restrict or negate your recovery. Hiring a law firm should be contemplated with 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 require a legal professional?
ANSWER: If you have been served with a Summons and related documents (Complaint, Petition, Motion), you really should endeavor to seek out legal assistance now. Documents filed in court that commence a lawsuit require responses that involve exact deadlines; missing out on those deadlines could compromise 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 possible resolution before a suit is filed. Similarly, seeking a lawyer as soon as possible is advised.
5. QUESTION: What exactly is mediation?
ANSWER: Mediation is a process whereby the parties to the matter present at an agreed site with their counsel (if retained) and a selected mediator to try and resolve all or a number of the issues involved. Mediators are to be unrelated to all participants and the litigation at issue, are to stay impartial amongst the parties and their lawyer, and continue maintaining the confidential nature of the conference to recommend settlement and resolution. Generally the parties share the charge of the mediation evenly but other arrangements might be made if all parties are in agreement in advance of the conference. Mediation is normally required in just about every case filed in court and just before a trial is held.
6. QUESTION: What kind of lawyer do I need?
ANSWER: Again, like other industries, attorneys may specialize in a specific or more than one area. Similarly, law firms 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 separation and divorce, 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; others are delineated by statute, such as worker's compensation. Any lawyer can go over your particular 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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