In the instance that you have not already, chances are that sometime in your own lifetime you will need to retain the services of a lawyer. With the help of my interview with Tampa Attorney Christina Mesa, here’s a number of responses to frequent and worthwhile questions.
1. QUESTION: How do I know if I will need a legal professional?
ANSWER: If you have already been served with a Summons and similar documents (Complaint, Petition, Motion), you really should endeavor to seek out legal assistance immediately. Papers filed in court that commence a lawsuit require responses that involve specific 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 consider the legal issues and probable resolution before a lawsuit is filed. Similarly, seeking legal counsel as quickly as possible is advised.
2. QUESTION: Do I have to hire an attorney or lawyer in the county where the issue occurs?
ANSWER: No. Many 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 is being litigated is important as that attorney will have a level of comfort with the neighborhood courthouse personnel, attorneys (likely opposing counsel) and judges. One thing to consider in retaining an attorney outside the area in which the matter takes place is cost of travel time. Some lawyers do not charge for travel, others give you a reduced 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 process whereby the parties to the issue present at an agreed location with their counsel (if retained) and a selected mediator to try and solve all or a number of the concerns involved. Mediators are to be unrelated to all parties and the litigation at issue, are to remain impartial amongst the parties and their counsel, and maintain the confidential aspect of the conference to inspire settlement and resolution. Generally the parties share the cost of the mediation evenly but other arrangements might 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 kind of lawyer do I need?
ANSWER: Again, like other businesses, lawyers may specialise in a certain or more than one area. Similarly, law firms may specialize, provide general legal needs or offer services in several precise 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 very technical, like bankruptcy or taxation; some are delineated by statute, as in worker’s compensation. Any lawyer should be able to go over your specific issue, determine if he/she is prepared to take care of such matters or advise 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 lawyer monitors 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 even track your case in some jurisidictions that offer on-line access to case dockets. If the county has that established, you’re wise to routinely review the docket and see what events have taken place 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’ll likely be billed for these interactions.
6. QUESTION: How do I select an attorney at law?
ANSWER: Legal topics are as vast as those in other sectors, such as medicine, construction, finance, etc. and tend to be just as complex. To safeguard your rights and remedies, the very best practice would be to study your area of need and research what lawyers are accessible to work with you. A recommendation from somebody you know and admire can bring a personal element to the decision to hire an law firm but shouldn’t be the exclusive reason counsel is chosen. Research the attorney’s background of schooling, experience and area(s) of practice. Asking a lot of questions should be encouraged in this process. Self-help could be empowering but may also limit 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 selection of a medical doctor, accountant, financial specialist or therapist.
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