If perhaps you haven’t by now, chances are that sometime in your lifetime you will need to hire an attorney. Thanks to my discussion with Tampa Lawyer Christina Mesa, here is a list of answers to basic along with worthwhile questions.
1. QUESTION: How do I know if I require a lawyer or attorney?
ANSWER: If you have been recently served with a Summons and related documents (Complaint, Petition, Motion), you really should endeavor to find legal advice right away. Papers filed in court that start a lawsuit necessitate responses that involve specific deadlines; missing those deadlines could damage your defense, reduce or avoid your recovery. Some issues by statute involve a “pre-suit” time period that enable you to consider the legal issues and probable resolution before a suit is filed. Similarly, seeking a lawyer at the earliest opportunity is advised.
2. QUESTION: Do I need to hire an attorney 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 wherein the matter will be litigated is essential 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 hiring an attorney outside the area in which the matter occurs is cost of journey time. Some attorneys don’t charge for travel, others offer a lowered rate or preserve a billable rate for all work conducted. Discuss that question with each attorney consulted.
3. QUESTION: 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 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 stay impartial in between the parties and their counsel, and continue maintaining the confidential nature of the conference to inspire settlement and resolution. Typically the parties share the fee of the mediation evenly but other arrangements may be made if all parties are in agreement in advance of the conference. Mediation is typically required in just about every case filed in court and prior to a trial is held.
4. QUESTION: What kind of attorney at law do I need?
ANSWER: Again, like other businesses, attorneys may specialize in a specific or more than one area. Similarly, law offices 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 related matters; general practitioners handle almost all matters. Some areas of law are extremely complex, like bankruptcy or taxation; some are delineated by statute, like worker’s compensation. Any lawyer can discuss your specific issue, determine if he or she is qualified to handle such matters or advise you of the need to speak with another in a specialised area.
5. QUESTION: How may I make sure my lawyer is resolving my problems?
ANSWER: Every good lawyer keeps track of his time (fees) and expenses (costs). Your retainer arrangement should include a affirmation of how the lawyer bills his clients – once a month, 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 established, you are wise to periodically review the docket and see what activities have transpired by your counsel and the other party/counsel. You should also feel comfortable contacting your lawyer at intervals to ascertain the status of the matter, understanding you’ll likely be charged for these communications.
6. QUESTION: Exactly how do I select an attorney or lawyer?
ANSWER: Legal issues are as vast as those in other sectors, such as medicine, construction, finance, etc. and are generally just as complex. To protect your rights and remedies, the best practice would be to research your area of need and research what legal professionals are around to help you. A recommendation from someone you know and admire can bring a personal element to the decision to hire an law firm but shouldn’t be the only reason counsel is picked. Research the attorney’s background of education, experience and area(s) of practice. Asking questions should be encouraged in this process. Self-help can be strengthening but may also limit or negate your recovery. Hiring a law firm should be contemplated with exactly the same level of thought and consideration as that given to the choice of a physician, accountant, financial specialist or therapist.
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