If you haven’t by now, chances are that sometime in your own life you’ll have to retain legal counsel. Thanks to my interview with Tampa Attorney Christina Mesa, here’s a list of answers to very common and imperative questions.
1. QUESTION: How do I know if I need a legal professional?
ANSWER: If you have recently been served with a Summons and similar documents (Complaint, Petition, Motion), you should really endeavor to seek legal advice without delay. Papers filed in court that start a lawsuit necessitate responses that involve specific deadlines; skipping those deadlines could damage your defense, limit or avoid your recovery. Some issues by statute involve a “pre-suit” period of time that enable you to think about the legal issues and potential resolution before a lawsuit is filed. Similarly, seeking legal counsel as soon as possible is recommended.
2. QUESTION: Do I need to hire an attorney at law in the county where the problem occurs?
ANSWER: No. Many attorneys practice in other counties and other states, based on their licensure for the latter. Having knowledge in the county wherein the matter is being litigated is important as that lawyer will have a level of comfort with the neighborhood courthouse personnel, attorneys (likely opposing lawyer) and judges. One thing to consider in hiring a lawyer outside the area wherein 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 performed. Discuss that question with each attorney consulted.
3. QUESTION: Precisely what is mediation?
ANSWER: Mediation is a course of action whereby the parties to the issue present at an agreed site with their counsel (if retained) and a decided on mediator to try and solve all or a number of the concerns involved. Mediators need to be unrelated to all participants and the litigation at issue, are to remain impartial in between the parties and their counsel, and continue maintaining the confidential nature of the conference to encourage settlement and resolution. Usually the parties share the fee of the mediation equally but other arrangements can be made if all parties are in agreement ahead of the conference. Mediation is typically required in just about every case filed in court and prior to a trial is held.
4. 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, provide general legal needs or offer you services in a few specific areas of law. Trial lawyers deal with cases involving lawsuits; family law attorneys handle divorce cases, child custody/visitation, child support, alimony and related matters; general practitioners handle almost all matters. Some areas of law are extremely technical, like bankruptcy or taxation; some are delineated by statute, like worker’s compensation. Any attorney should be able to talk about your particular issue, determine if he/she is qualified to take care of such matters or advise you of the necessity to consult with another in a specialised area.
5. QUESTION: How am I able to be sure my lawyer is handling my problems?
ANSWER: Every good attorney keeps track of his time (fees) and expenses (costs). Your retainer agreement should include a affirmation of how the attorney bills his clients – once a month, quarterly, etc. You may even keep track of your case in some jurisidictions that offer on-line accessibility to case dockets. If the county has that established, you are wise to routinely review the docket and see what activities have taken place by your lawyer and the other party/counsel. You should also feel at ease getting in contact with your lawyer at intervals to learn the status of the issue, understanding you’ll likely be charged for these interactions.
6. QUESTION: Exactly how do I select an attorney at law?
ANSWER: Legal issues are as vast as those in other sectors, such as medicine, construction, finance, etc. and can be just as complex. To safeguard your legal rights and remedies, the ideal practice would be to research your area of need and research what attorneys are accessible to help you. A referral from someone you know and regard can add a personal element to the decision to hire an lawyer but really should not be the singular reason counsel is chosen. Research the attorney’s background of training, expertise and area(s) of practice. Asking important questions should be urged in this process. Self-help can be strengthening but can also reduce or negate your recovery. Hiring a law firm should be contemplated with the same degree of thought and consideration as that directed at the choice of a medical professional, accountant, financial expert or therapist.
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