In case you haven’t already, probably sometime in your life you will need to retain legal counsel. With the help of my consultation with Tampa Lawyer Christina Mesa, this is a number of responses to common and worthwhile questions.
1. QUESTION: How do I know if I need a legal professional?
ANSWER: If you have recently been served with a Summons and related documents (Complaint, Petition, Motion), you should really endeavor to seek legal advice right away. Papers filed in court that commence a lawsuit call for responses that involve specific deadlines; missing out on those deadlines could damage your defense, reduce or avoid your recovery. Some matters by statute involve a “pre-suit” time period that allow you to think about the legal issues and probable resolution before a lawsuit is filed. Similarly, seeking a lawyer 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 practice in other counties and other states, based on their licensure for the latter. Having experience in the county in which the matter will be litigated is important as that attorney will have a level of comfort with the local courthouse personnel, attorneys (likely opposing counsel) and judges. One thing to consider in hiring a lawyer away from area in which the matter occurs is cost of travel time. Some lawyers don’t charge for travel, others give you a reduced rate or maintain a billable rate for all work carried out. Clarify that question with each attorney consulted.
3. QUESTION: What exactly is mediation?
ANSWER: Mediation is a process whereby the parties to the matter present at an agreed area with their counsel (if retained) and a chosen mediator to try and solve all or some of the issues involved. Mediators should be unrelated to all participants and the litigation at issue, are to remain impartial between the parties and their lawyer, and maintain the confidential aspect of the conference to recommend settlement and resolution. Typically the parties share the cost of the mediation equally but other arrangements can be made if all parties are in agreement in advance 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 businesses, lawyers may specialise in a certain or more than one area. Similarly, law firms may specialize, provide general legal needs or offer services in several precise areas of law. Trial attorneys deal with cases involving lawsuits; family law lawyers handle divorce cases, child custody/visitation, child support, alimony and associated matters; general practitioners handle most matters. Some areas of law are extremely specialized, like bankruptcy or taxation; some are delineated by statute, like worker’s compensation. Any attorney can discuss your particular issue, determine if he/she is prepared to handle such matters or inform you of the necessity to speak with another in a specialised area.
5. QUESTION: How may I be sure my lawyer is handling my problems?
ANSWER: Every good attorney keeps track of his time (fees) and expenditures (costs). Your retainer arrangement should include a confirmation of how the attorney bills his clients – monthly, quarterly, etc. You may even track your case in some jurisidictions that supply on-line accessibility to case dockets. If the county has that established, you are wise to periodically review the docket and see what events have transpired by your counsel and the other party/counsel. It’s also advisable to feel at ease getting in touch with your lawyer at intervals to learn the status of the matter, knowing you will likely be billed for these communications.
6. QUESTION: Exactly how do I select an attorney?
ANSWER: Legal issues are as vast as those in other sectors, such as medicine, construction, finance, etc. and may be just as complicated. To safeguard your rights and remedies, the best practice would be to study your area of need and research what attorneys are available to work with you. A recommendation from someone you know and respect can add a personal element to the consideration to hire an attorney but shouldn’t be the singular reason counsel is selected. Research the attorney’s background of education, practical experience and area(s) of practice. Asking a lot of questions should be urged in this process. Self-help could be empowering but can also restrict or negate your recovery. Hiring a law firm should be considered with exactly the same level of thought and consideration as that directed at the pick of a medical professional, accountant, financial advisor or therapist.
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