If you haven’t previously, chances are that sometime in your life you’ll have to retain the services of an attorney. Thanks to my interview with Tampa Lawyer Christina Mesa, what follows is a group of answers to frequent along with imperative questions.
1. QUESTION: How do I know if I will need a lawyer?
ANSWER: If you have already been served with a Summons and related documents (Complaint, Petition, Motion), you really should endeavor to seek legal guidance immediately. Papers filed in court that commence a lawsuit call for responses that involve particular deadlines; skipping those deadlines could compromise your defense, reduce or avoid your recovery. Some concerns by statute involve a “pre-suit” period that enable you to take into account the legal issues and probable resolution before a lawsuit is filed. Similarly, seeking a lawyer as quickly as possible is advised.
2. QUESTION: Do I need to hire an attorney in the county where the problem occurs?
ANSWER: No. Many lawyers 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 crucial as that lawyer will have a comfort level with the community courthouse personnel, attorneys (likely opposing lawyer) 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 attorneys do not charge for travel, others offer a reduced rate or preserve a billable rate for all work performed. 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 selected mediator to try and solve all or some of the issues involved. Mediators need to be unrelated to all parties and the litigation at issue, are to stay impartial in between the parties and their lawyer, and maintain the confidential structure 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 normally 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 sectors, attorneys may concentrate in a certain or more than one area. Similarly, law firms may specialize, provide general legal needs or provide services in a few unique areas of law. Trial lawyers deal with cases involving lawsuits; family law attorneys handle separation and divorce, child custody/visitation, child support, alimony and related matters; general practitioners handle most matters. Some areas of law are extremely specialized, like bankruptcy or taxation; others are delineated by statute, as in worker’s compensation. Any lawyer should be able to go over your particular issue, determine if he or she is prepared to take care of such matters or advise you of the necessity to speak with another in a specialised area.
5. QUESTION: How can I be sure my lawyer is resolving my problems?
ANSWER: Every good attorney monitors his time (fees) and expenditures (costs). Your retainer agreement should include a affirmation of how the lawyer bills his clients – monthly, quarterly, etc. You may even track your case in some jurisidictions that provide on-line access to case dockets. If the county has that established, you are wise to occasionally review the docket and see what events have transpired by your counsel and the other party/counsel. You should also feel at ease getting in touch with your lawyer at intervals to determine the status of the issue, knowing you will likely be billed for these interactions.
6. QUESTION: Exactly how do I select an attorney or lawyer?
ANSWER: Legal subjects are as vast as those in other industries, such as medicine, construction, finance, etc. and tend to be just as perplexing. To safeguard your legal rights and remedies, the very best practice would be to investigate your area of need and research what attorneys are around to help you. A referral from someone you know and admire can add a personal element to the consideration to hire an attorney but should not be the sole reason counsel is chosen. Look into the lawyer’s background of education, practical experience and area(s) of practice. Asking basic questions should be urged in this process. Self-help can be strengthening but can also reduce or negate your recovery. Hiring a lawyer should be contemplated with exactly the same degree of thought and consideration as that given to the selection of a medical doctor, accountant, financial specialist or therapist.
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