In the instance that you haven’t already, chances are that sometime in your life you will have to retain a lawyer. Thanks to my discussion with Tampa Lawyer Christina Mesa, here is a variety of responses to popular as well as imperative questions.
1. QUESTION: How do I know if I will need a lawyer or attorney?
ANSWER: If you have been served with a Summons and related documents (Complaint, Petition, Motion), you really should endeavor to look for legal guidance without delay. Papers filed in court that begin a lawsuit require responses that involve specific deadlines; skipping those deadlines could compromise your defense, restrict or avoid your recovery. Some matters by statute involve a “pre-suit” period of time that enable you to consider the legal issues and probable resolution before a suit is filed. Similarly, seeking a lawyer immediately is advised.
2. QUESTION: Do I have to hire an attorney in the county where the issue occurs?
ANSWER: No. Many attorneys 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 crucial as that attorney will have a level of comfort with the local courthouse personnel, attorneys (likely opposing lawyer) and judges. One consideration in hiring a lawyer away from area in which the matter takes place is cost of journey time. Some lawyers don’t charge for travel, others give you a lowered rate or preserve a billable rate for all work conducted. Discuss that question with each attorney consulted.
3. QUESTION: 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 decided on mediator to try and solve all or some of the problems involved. Mediators should be unrelated to all participants and the litigation at issue, are to remain impartial between the parties and their counsel, and continue maintaining the confidential aspect of the conference to inspire settlement and resolution. Usually the parties share the cost of the mediation equally but other arrangements may be made if all parties are in agreement in advance of the conference. Mediation is generally required in just about every case filed in court and before a trial is held.
4. QUESTION: What type of lawyer do I need?
ANSWER: Again, like other businesses, lawyers may specialise in a specific or more than one area. Similarly, law offices may specialize, offer general legal needs or offer you services in a few specific areas of law. Trial attorneys deal with cases involving lawsuits; family law lawyers handle divorce cases, child custody/visitation, child support, alimony and related matters; general practitioners handle nearly all matters. Some areas of law are extremely technical, like bankruptcy or taxation; some are delineated by statute, as in worker’s compensation. Any attorney can go over your specific issue, determine if he/she is qualified to handle such matters or inform you of the need to seek advice from another in a specialized area.
5. QUESTION: How may I be certain my attorney is resolving my issues?
ANSWER: Every good lawyer monitors his time (fees) and expenditures (costs). Your retainer arrangement should include a confirmation of how the lawyer bills his clients – once a month, quarterly, etc. You may also track your case in some jurisidictions that supply on-line accessibility to case dockets. If the county has that set up, you are wise to routinely review the docket and see what activities have taken place by your lawyer and the other party/counsel. It’s also advisable to feel comfortable contacting your lawyer at intervals to ascertain the status of the issue, knowing you’ll likely be billed for these interactions.
6. QUESTION: Precisely how do I select an attorney or lawyer?
ANSWER: Legal issues are as vast as those in other industries, such as medicine, construction, finance, etc. and are generally just as complicated. To safeguard your legal rights and remedies, the ideal practice is to study your area of need and research what legal professionals are accessible to help you. A recommendation from somebody you know and admire can add a personal element to the plan to hire an law firm but should not be the sole reason counsel is chosen. Research the attorney’s background of education, practical experience and area(s) of practice. Asking basic questions should be encouraged in this process. Self-help could be empowering but may also reduce or negate your recovery. Hiring a legal professional should be considered with the exact same degree of thought and consideration as that directed at the choice of a doctor, accountant, financial expert or therapist.
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