In the case you have not already, probably sometime in your life you’ll need to retain legal counsel. Thanks to my interview with Tampa Lawyer Christina Mesa, listed here is a group of responses to popular and important questions.
1. QUESTION: How do I know if I require a lawyer?
ANSWER: If you have recently been served with a Summons and similar documents (Complaint, Petition, Motion), you should endeavor to seek legal guidance without delay. Papers filed in court that commence a lawsuit necessitate responses that involve specific deadlines; missing out on those deadlines could compromise your defense, limit or avoid your recovery. Some concerns by statute involve a “pre-suit” time period that allow you to consider the legal issues and possible resolution before a lawsuit is filed. Similarly, seeking a lawyer 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 attorneys practice in other counties and other states, depending on their licensure for the latter. Having knowledge in the county in which the matter will be litigated is essential as that lawyer will have a level of comfort with the local courthouse personnel, attorneys (likely opposing counsel) and judges. One consideration in hiring an attorney outside the area in which the matter occurs is cost of travel time. Some attorneys do not charge for travel, others give you a reduced rate or maintain a billable rate for all work conducted. Discuss that question with each lawyer consulted.
3. QUESTION: Precisely 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 resolve all or a number of the issues involved. Mediators are to be unrelated to all parties and the litigation at issue, are to remain impartial in between the parties and their counsel, and continue maintaining the confidential nature of the conference to recommend settlement and resolution. Generally the parties share the charge of the mediation equally but other arrangements may be made if all parties are in agreement ahead of the conference. Mediation is typically required in every case filed in court and prior to a trial is held.
4. QUESTION: What kind of lawyer do I need?
ANSWER: Again, like other businesses, attorneys may concentrate in a specific or more than one area. Similarly, law firms may specialize, offer general legal needs or offer services in a few precise areas of law. Trial attorneys handle cases involving lawsuits; family law attorneys handle separation and divorce, child custody/visitation, child support, alimony and associated matters; general practitioners handle almost all matters. Some areas of law are very complex, like bankruptcy or taxation; others are delineated by statute, such as worker’s compensation. Any lawyer should be able to discuss your specific issue, determine if he or she is qualified to take care of such matters or advise you of the necessity to speak with another in a specialised area.
5. QUESTION: How may I make sure my lawyer is handling my problems?
ANSWER: Every good lawyer monitors his time (fees) and expenditures (costs). Your retainer agreement should include a confirmation 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 are wise to periodically review the docket and see what activities have taken place by your lawyer and the other party/counsel. It’s also advisable to feel at ease contacting your lawyer at intervals to ascertain the status of the matter, understanding you will likely be billed for these communications.
6. QUESTION: Just how do I select an attorney or lawyer?
ANSWER: Legal dilemmas are as vast as those in other sectors, such as medicine, construction, finance, etc. and usually are just as complex. To safeguard your legal rights and remedies, the very best practice is to study your area of need and research what legal professionals are around to work with you. A referral from someone you know and respect can add a personal element to the decision to hire an law firm but really should not be the only reason counsel is picked. Look into the lawyer’s background of education, experience and area(s) of practice. Asking basic questions should be encouraged in this process. Self-help can be strengthening but can also limit or negate your recovery. Hiring a lawyer should be considered with exactly the same degree of thought and consideration as that directed at the pick of a doctor, accountant, financial consultant or therapist.
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