In case you haven’t previously, chances are that sometime in your lifetime you will want to seek the services of an attorney. With the help of my discussion with Tampa Lawyer Christina Mesa, this is a listing of answers to frequent and worthwhile questions.
1. QUESTION: How do I know if I need a lawyer?
ANSWER: If you have been served with a Summons and similar documents (Complaint, Petition, Motion), you should endeavor to seek legal advice right away. Papers filed in court that start a lawsuit necessitate responses that involve particular deadlines; missing out on those deadlines could damage your defense, limit or avoid your recovery. Some matters by statute involve a “pre-suit” period that allow 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 have to hire an attorney in the county where the issue occurs?
ANSWER: No. Many lawyers practice in other counties and other states, based upon 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 comfort level with the neighborhood courthouse personnel, lawyers (likely opposing counsel) and judges. One consideration in hiring an attorney away from area in which the matter occurs is cost of journey time. Some attorneys don’t charge for travel, others give you a reduced rate or maintain a billable rate for all work performed. Clarify that question with each attorney consulted.
3. QUESTION: Exactly what is mediation?
ANSWER: Mediation is a course of action whereby the parties to the issue present at an agreed place with their counsel (if retained) and a selected mediator to try and resolve all or some of the problems involved. Mediators should be unrelated to all participants and the litigation at issue, are to remain impartial amongst the parties and their lawyer, and continue maintaining the confidential aspect of the conference to encourage settlement and resolution. Typically 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 usually required in just about every case filed in court and just before a trial is held.
4. QUESTION: What type of lawyer do I need?
ANSWER: Again, like other industries, attorneys may concentrate in a certain or more than one area. Similarly, law firms may specialize, offer general legal needs or offer you services in a few specific areas of law. Trial lawyers handle cases involving lawsuits; family law attorneys handle separation and divorce, child custody/visitation, child support, alimony and related matters; general practitioners handle most matters. Some areas of law are extremely specialized, like bankruptcy or taxation; others are delineated by statute, as in worker’s compensation. Any attorney should be able to go over your specific issue, determine if he or she is qualified to handle such matters or inform you of the need to consult with another in a specialized area.
5. QUESTION: How am I able to be sure my attorney is handling my problems?
ANSWER: Every good lawyer monitors his time (fees) and expenditures (costs). Your retainer agreement should include a affirmation of how the lawyer bills his clients – month-to-month, quarterly, etc. You may even track your case in some jurisidictions that supply on-line access to case dockets. If the county has that set up, you’re wise to routinely 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 touch with your attorney at intervals to ascertain the status of the issue, understanding you will likely be billed for these communications.
6. QUESTION: Just how do I select an attorney at law?
ANSWER: Legal dilemmas are as vast as those in other industries, such as medicine, construction, finance, etc. and tend to be just as complex. To safeguard your legal rights and remedies, the best practice is to study your area of need and research what legal professionals are around to work with you. A recommendation from someone you know and respect can add a personal element to the decision to hire an attorney but really should not be the sole reason counsel is chosen. Research the lawyer’s background of education, experience and area(s) of practice. Asking questions should be urged in this process. Self-help can be empowering but may 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 pick of a medical professional, accountant, financial consultant or therapist.
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