In the instance that you have not by now, chances are that sometime in a lifetime you will have to employ an attorney at law. Thanks to my discussion with Tampa Lawyer Christina Mesa, what follows is a list of answers to typical as well as important questions.
1. QUESTION: How do I know if I require a lawyer?
ANSWER: If you have already been served with a Summons and associated documents (Complaint, Petition, Motion), you should endeavor to find legal guidance without delay. Papers filed in court that begin a lawsuit call for responses that involve particular deadlines; missing out on those deadlines could damage your defense, reduce or avoid your recovery. Some matters by statute involve a “pre-suit” time period that enable you to take into account the legal issues and potential resolution before a lawsuit is filed. Similarly, seeking legal counsel at the earliest opportunity 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 crucial as that attorney will have a level of comfort with the neighborhood courthouse personnel, attorneys (likely opposing lawyer) and judges. One consideration in retaining a lawyer outside the area in which the matter takes place is cost of journey time. Some attorneys do not charge for travel, others offer a decreased rate or maintain a billable rate for all work conducted. 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 site with their counsel (if retained) and a chosen mediator to try and solve all or some of the problems involved. Mediators need 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 encourage settlement and resolution. Generally 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 typically required in just about every case filed in court and just before a trial is held.
4. QUESTION: What kind of attorney do I need?
ANSWER: Again, like other businesses, lawyers 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 unique areas of law. Trial lawyers deal with cases involving lawsuits; family law attorneys handle divorce cases, child custody/visitation, child support, alimony and related matters; general practitioners handle nearly all matters. Some areas of law are very complex, like bankruptcy or taxation; others are delineated by statute, such as worker’s compensation. Any attorney should be able to talk about your specific issue, determine if he or she is qualified to take care of such matters or advise you of the necessity to seek advice from another in a specialised area.
5. QUESTION: How may I make sure my attorney is resolving 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 lawyer bills his clients – monthly, 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. It’s also advisable to feel comfortable getting in touch with your lawyer at intervals to learn the status of the issue, knowing you will likely be billed for these interactions.
6. QUESTION: Precisely how do I select an attorney or lawyer?
ANSWER: Legal concerns are as vast as those in other sectors, such as medicine, construction, finance, etc. and are generally just as perplexing. To protect your legal rights and remedies, the very best practice would be to investigate your area of need and research what lawyers are around to assist you. A referral from someone you know and regard can add a personal element to the plan to hire an law firm but really should not be the sole reason counsel is picked. Look into the lawyer’s background of training, expertise and area(s) of practice. Asking basic questions should be encouraged in this process. Self-help could be strengthening but may 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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