In case you haven’t before now, chances are that sometime in a lifetime you’ll need to retain the services of an attorney. Thanks to my discussion with Tampa Attorney Christina Mesa, here is a listing of responses to popular along with imperative questions.
1. QUESTION: How do I know if I need a lawyer?
ANSWER: If you have already been served with a Summons and comparable documents (Complaint, Petition, Motion), you should really endeavor to seek legal assistance immediately. Papers filed in court that start a lawsuit require responses that involve exact deadlines; missing out on those deadlines could damage your defense, reduce or avoid your recovery. Some matters 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 recommended.
2. QUESTION: Do I have to hire an attorney or lawyer in the county where the problem occurs?
ANSWER: No. Many lawyers or attorneys practice in other counties and other states, depending on their licensure for the latter. Having knowledge in the county in which the matter is being litigated is important as that attorney will have a comfort level with the neighborhood courthouse personnel, attorneys (likely opposing counsel) and judges. One thing to consider in retaining legal counsel outside the area in which the matter takes place 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 carried out. Clarify that question with each attorney consulted.
3. QUESTION: Exactly what 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 a number of the concerns involved. Mediators should be unrelated to all parties and the litigation at issue, are to stay impartial between the parties and their counsel, and continue maintaining the confidential aspect of the conference to inspire settlement and resolution. Generally the parties share the cost of the mediation evenly but other arrangements can be made if all parties are in agreement in advance of the conference. Mediation is generally required in every case filed in court and before a trial is held.
4. QUESTION: What type of attorney do I need?
ANSWER: Again, like other industries, lawyers may concentrate in a specific or more than one area. Similarly, law offices may specialize, provide general legal needs or offer you services in several precise areas of law. Trial lawyers handle cases involving lawsuits; family law lawyers handle divorce, child custody/visitation, child support, alimony and related matters; general practitioners handle almost all matters. Some areas of law are very technical, like bankruptcy or taxation; some are delineated by statute, such as worker’s compensation. Any attorney should be able to go over your particular issue, determine if he/she is qualified to take care of such matters or inform you of the necessity to consult with another in a specialised area.
5. QUESTION: How can I be certain my lawyer is resolving my issues?
ANSWER: Every good lawyer keeps track of his time (fees) and expenditures (costs). Your retainer arrangement should include a affirmation of how the attorney bills his clients – once a month, quarterly, etc. You may also keep track of your case in some jurisidictions that supply on-line accessibility to case dockets. If the county has that established, you’re wise to periodically review the docket and see what activities have taken place by your lawyer and the other party/counsel. It’s also advisable to feel at ease getting in contact with your lawyer at intervals to determine the status of the matter, knowing you’ll likely be charged for these communications.
6. QUESTION: Precisely how do I select an attorney?
ANSWER: Legal topics are as vast as those in other industries, such as medicine, construction, finance, etc. and usually are just as complex. To protect your legal rights and remedies, the ideal practice is to investigate your area of need and research what law firms are out there to assist you. A recommendation from somebody you know and respect can bring a personal element to the decision to hire an law firm but really should not be the exclusive reason counsel is chosen. Research the lawyer’s background of education, expertise and area(s) of practice. Asking questions should be urged in this process. Self-help could be strengthening but can also limit or negate your recovery. Hiring a law firm should be contemplated with the exact same degree of thought and consideration as that given to the pick of a medical professional, accountant, financial consultant or therapist.
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