Why You Need A Divorce Lawyer
If perhaps you have not previously, chances are that sometime in a lifetime you will need to hire legal counsel. Thanks to my interview with Tampa Lawyer Christina Mesa, listed here is a listing of responses to common as well as imperative questions.
1. QUESTION: Do I need to hire an attorney at law in the county where the issue occurs?
ANSWER: No. Many lawyers or attorneys practice in other jurisdictions and other states, depending on their licensure for the latter. Having experience in the county in which the matter will be litigated is crucial as that attorney will have a level of comfort with the county courthouse personnel, attorneys (likely opposing lawyer) and judges. One thing to consider in retaining a lawyer outside the area in which the matter takes place is cost of travel time. Some attorneys do not charge for travel, others offer a decreased rate or preserve a billable rate for all work carried out. Clarify that question with each attorney consulted.
2. QUESTION: How can I be certain my lawyer is handling my problems?
ANSWER: Every good attorney keeps track of his time (fees) and expenditures (costs). Your retainer contract should include a statement of how the attorney bills his clients - in advancemonthly, quarterly, etc. You may also track your case in some jurisidictions that provide on-line accessibility to case dockets. If the county has that set up, you are wise to periodically review the docket and see what activities have transpired by your attorney and the other party/counsel. Also feel comfortable getting in touch with your lawyer at intervals to ascertain the status of the issue, knowing you'll likely be charged for these communications.
3. QUESTION: 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 might be just as complex. To protect your rights and remedies, the very best practice would be to study your area of need and research what lawyers are around to work with you. A referral from someone you know and regard can bring a personal element to the decision to hire an lawyer but really should not be the only reason counsel is chosen. Research the lawyer's background of training, practical experience and area(s) of practice. Asking basic questions should be encouraged in this process. Self-help could be empowering but can also reduce or negate your recovery. Hiring a law firm should be considered with exactly the same degree of thought and consideration as that directed at the choice of a physician, accountant, financial consultant or therapist.
4. QUESTION: How do I determine if I require a lawyer or attorney?
ANSWER: If you have already been served with a Summons and associated documents (Complaint, Petition, Motion), you really should endeavor to seek out legal guidance without delay. Documents filed in court that start a lawsuit require responses that involve exact deadlines; skipping those deadlines could damage your defense, limit or avoid your recovery. Some matters 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 legal counsel as soon as possible 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 selected 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 stay impartial in between the parties and their counsel, and maintain the confidential nature of the conference to encourage settlement and resolution. Usually the parties share the fee of the mediation equally but other arrangements might be made if all parties are in agreement in advance of the conference. Mediation is usually required in just about every case filed in court and before a trial is held.
6. QUESTION: What type of attorney do I need?
ANSWER: Again, like other industries, attorneys may specialise in a certain or more than one area. Similarly, law firms may specialize, provide general legal needs or offer you services in a few specific areas of law. Trial attorneys deal with cases involving lawsuits; family law attorneys handle divorce, child custody/visitation, child support, alimony and related matters; general practitioners handle almost all matters. Some areas of law are very specialized, like bankruptcy or taxation; some are delineated by statute, as in worker's compensation. Any attorney can talk about your specific issue, determine if he or she is prepared to handle such matters or inform you of the necessity to consult with another in a specialised area.
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