If perhaps you haven’t already, probably sometime in your own lifetime you’ll have to employ an attorney. Thanks to my interview with Tampa Lawyer Christina Mesa, here’s a number of answers to typical and important questions.
1. QUESTION: How do I know if I will need a lawyer or attorney?
ANSWER: If you have already been served with a Summons and associated documents (Complaint, Petition, Motion), you should endeavor to find legal assistance without delay. Papers filed in court that begin a lawsuit call for responses that involve particular deadlines; missing out on those deadlines could damage your defense, restrict or avoid your recovery. Some concerns by statute involve a “pre-suit” period of time that allow you to take into account the legal issues and potential resolution before a suit is filed. Similarly, seeking a lawyer as soon as possible is advised.
2. QUESTION: Do I have to hire an attorney at law in the county where the issue occurs?
ANSWER: No. Many attorneys practice in other counties and other states, based upon 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 comfort level with the community courthouse personnel, lawyers (likely opposing lawyer) and judges. One thing to consider in hiring legal counsel outside the area in which the matter occurs is cost of travel time. Some lawyers don’t charge for travel, others offer a lowered rate or preserve a billable rate for all work conducted. Clarify that question with each lawyer consulted.
3. QUESTION: Exactly what 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 decided on mediator to try and solve all or a number of the issues involved. Mediators need to be unrelated to all participants and the litigation at issue, are to stay impartial in between the parties and their lawyer, and continue maintaining the confidential aspect of the conference to inspire settlement and resolution. Typically the parties share the cost of the mediation evenly but other arrangements can be made if all parties are in agreement ahead of the conference. Mediation is generally required in just about every case filed in court and prior to a trial is held.
4. QUESTION: What type of law firm do I need?
ANSWER: Again, like other sectors, lawyers may specialize in a certain or more than one area. Similarly, law firms may specialize, offer general legal needs or provide services in several specific areas of law. Trial attorneys handle cases involving lawsuits; family law lawyers handle divorce, child custody/visitation, child support, alimony and associated matters; general practitioners handle most 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 talk about your specific issue, determine if he/she is prepared to take care of such matters or inform you of the necessity to seek advice from another in a specialised area.
5. QUESTION: How am I able to be certain my attorney is handling my problems?
ANSWER: Every good lawyer keeps track of his time (fees) and expenditures (costs). Your retainer agreement should include a confirmation of how the attorney bills his clients – once a month, quarterly, etc. You may also track your case in some jurisidictions that offer on-line accessibility to case dockets. If the county has that established, you’re wise to periodically review the docket and see what events have transpired by your lawyer and the other party/counsel. You should also feel comfortable getting in contact with your attorney at intervals to learn the status of the issue, understanding you’ll likely be billed for these interactions.
6. QUESTION: How do I select an attorney or lawyer?
ANSWER: Legal subjects are as vast as those in other sectors, such as medicine, construction, finance, etc. and are often just as perplexing. To safeguard your rights and remedies, the best practice is to study your area of need and research what lawyers are out there to help you. A recommendation from someone you know and regard can add a personal element to the decision to hire an law firm but should not be the singular reason counsel is selected. Look into the lawyer’s background of schooling, practical experience and area(s) of practice. Asking important questions should be urged in this process. Self-help could be strengthening 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 pick of a doctor, accountant, financial specialist or therapist.
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