In the case you haven’t before now, chances are that sometime in a lifetime you will want to employ an attorney. Thanks to my interview with Tampa Lawyer Christina Mesa, this is a list of responses to popular along with important questions.
1. QUESTION: How do I know if I will need a legal professional?
ANSWER: If you have recently been served with a Summons and comparable documents (Complaint, Petition, Motion), you should endeavor to find legal advice without delay. Papers filed in court that begin a lawsuit call for responses that involve specific deadlines; skipping those deadlines could damage your defense, restrict or avoid your recovery. Some issues by statute involve a “pre-suit” period that enable you to take into account the legal issues and potential resolution before a lawsuit is filed. Similarly, seeking legal counsel at the earliest opportunity is advised.
2. QUESTION: Do I need 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 upon on their licensure for the latter. Having experience in the county wherein the matter is being litigated is crucial as that lawyer will have a level of comfort with the community courthouse personnel, lawyers (likely opposing counsel) and judges. One thing to consider in hiring a lawyer away from area wherein the matter takes place is cost of travel time. Some lawyers don’t charge for travel, others give you a lowered rate or maintain a billable rate for all work conducted. Discuss that question with each lawyer consulted.
3. QUESTION: Exactly what is mediation?
ANSWER: Mediation is a course of action whereby the parties to the matter present at an agreed site with their counsel (if retained) and a decided on mediator to try and resolve all or some of the problems involved. Mediators are to be unrelated to all parties and the litigation at issue, are to remain impartial between the parties and their counsel, and maintain the confidential structure of the conference to encourage settlement and resolution. Generally the parties share the fee of the mediation equally but other arrangements can be made if all parties are in agreement in advance of the conference. Mediation is normally required in every case filed in court and prior to a trial is held.
4. QUESTION: What type of lawyer do I need?
ANSWER: Again, like other sectors, lawyers may concentrate in a certain or more than one area. Similarly, law firms may specialize, provide general legal needs or offer services in several specific areas of law. Trial attorneys deal with cases involving lawsuits; family law attorneys handle divorce cases, child custody/visitation, child support, alimony and associated matters; general practitioners handle nearly all matters. Some areas of law are very technical, like bankruptcy or taxation; others are delineated by statute, such as worker’s compensation. Any lawyer should be able to discuss your particular issue, determine if he/she is qualified to take care of such matters or inform you of the need to speak with another in a specialized area.
5. QUESTION: How may I be sure my attorney is handling my problems?
ANSWER: Every good attorney monitors his time (fees) and expenses (costs). Your retainer agreement should include a affirmation of how the attorney bills his clients – monthly, quarterly, etc. You may even keep track of your case in some jurisidictions that provide on-line access to case dockets. If the county has that set up, you’re wise to periodically review the docket and see what activities have transpired by your counsel 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 matter, knowing you will likely be billed for these communications.
6. QUESTION: Precisely how do I select an attorney?
ANSWER: Legal subjects are as vast as those in other industries, such as medicine, construction, finance, etc. and are generally just as complex. To protect your legal rights and remedies, the ideal practice would be to research your area of need and research what lawyers are around to help you. A recommendation from somebody you know and respect can bring a personal element to the decision to hire an attorney but really should not be the only reason counsel is selected. Look into the attorney’s background of training, experience and area(s) of practice. Asking basic questions should be urged in this process. Self-help could be empowering but may also restrict or negate your recovery. Hiring a law firm should be considered with exactly the same degree of thought and consideration as that given to the pick of a medical doctor, accountant, financial expert or therapist.
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