Assuming you haven’t before now, probably sometime in a lifetime you’ll need to retain the services of legal counsel. With the help of my consultation with Tampa Lawyer Christina Mesa, listed here is a variety of responses to basic and imperative questions.
1. QUESTION: How do I know if I require a legal professional?
ANSWER: If you have already been served with a Summons and similar documents (Complaint, Petition, Motion), you really should endeavor to look for legal guidance immediately. Papers filed in court that commence a lawsuit call for responses that involve particular deadlines; missing those deadlines could compromise your defense, limit or avoid your recovery. Some matters by statute involve a “pre-suit” time period that allow you to take into account the legal issues and potential resolution before a suit is filed. Similarly, seeking a lawyer as quickly as possible is recommended.
2. QUESTION: Do I have to hire an attorney or lawyer in the county where the issue occurs?
ANSWER: No. Many lawyers or 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 important as that lawyer will have a level of comfort with the community courthouse personnel, attorneys (likely opposing counsel) and judges. One thing to consider in hiring legal counsel outside the area wherein the matter occurs is cost of journey time. Some lawyers don’t charge for travel, others offer a decreased rate or maintain a billable rate for all work performed. 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 solve all or a number of the issues involved. Mediators need to be unrelated to all participants and the litigation at issue, are to remain impartial between the parties and their lawyer, and maintain the confidential structure of the conference to inspire settlement and resolution. Usually the parties share the fee of the mediation evenly but other arrangements can be made if all parties are in agreement in advance of the conference. Mediation is typically required in every case filed in court and before a trial is held.
4. QUESTION: What type of attorney do I need?
ANSWER: Again, like other industries, attorneys may specialize in a specific or more than one area. Similarly, law offices may specialize, provide general legal needs or provide 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 associated matters; general practitioners handle nearly all matters. Some areas of law are extremely complex, like bankruptcy or taxation; others are delineated by statute, like worker’s compensation. Any lawyer can go over your particular issue, determine if he/she is prepared 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 certain my attorney is handling my issues?
ANSWER: Every good attorney keeps track of his time (fees) and expenses (costs). Your retainer arrangement should include a confirmation of how the attorney bills his clients – monthly, quarterly, etc. You may also keep track of your case in some jurisidictions that offer on-line access to case dockets. If the county has that set up, you are wise to occasionally 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 getting in touch with your attorney at intervals to determine the status of the matter, knowing you will likely be charged for these communications.
6. QUESTION: Precisely how do I select an attorney?
ANSWER: Legal topics are as vast as those in other industries, such as medicine, construction, finance, etc. and usually are just as complex. To safeguard your rights and remedies, the best practice would be to research your area of need and research what law firms are available to help you. A recommendation from someone you know and admire can add a personal element to the plan to hire an lawyer but should not be the only reason counsel is picked. Look into the attorney’s background of schooling, expertise and area(s) of practice. Asking questions should be urged in this process. Self-help could be empowering but can also limit or negate your recovery. Hiring a lawyer should be contemplated with the same degree of thought and consideration as that given to the choice of a medical doctor, accountant, financial expert or therapist.
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