In the case you have not already, probably sometime in your lifetime you will need to retain an attorney at law. Thanks to my interview with Tampa Lawyer Christina Mesa, here’s a listing of answers to typical along with worthwhile questions.
1. QUESTION: How do I know if I require a lawyer or attorney?
ANSWER: If you have already been served with a Summons and associated documents (Complaint, Petition, Motion), you really should endeavor to find legal advice immediately. Papers filed in court that start a lawsuit call for responses that involve specific deadlines; skipping those deadlines could compromise your defense, limit or avoid your recovery. Some concerns by statute involve a “pre-suit” time period that allow you to take into account the legal issues and possible resolution before a suit is filed. Similarly, seeking legal counsel as soon as possible is recommended.
2. QUESTION: Do I need 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 on their licensure for the latter. Having knowledge in the county wherein the matter will be litigated is crucial as that attorney will have a comfort level with the neighborhood courthouse personnel, lawyers (likely opposing counsel) and judges. One consideration in hiring legal counsel outside the area wherein the matter occurs is cost of journey time. Some attorneys do not charge for travel, others offer a lowered rate or maintain a billable rate for all work conducted. Clarify that question with each lawyer consulted.
3. QUESTION: Precisely what is mediation?
ANSWER: Mediation is a process 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 some of the concerns 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 maintain the confidential structure of the conference to recommend settlement and resolution. Generally the parties share the cost of the mediation evenly but other arrangements may be made if all parties are in agreement in advance of the conference. Mediation is usually required in every case filed in court and prior to a trial is held.
4. QUESTION: What type of attorney do I need?
ANSWER: Again, like other businesses, attorneys may specialise in a specific or more than one area. Similarly, law firms may specialize, offer general legal needs or offer you services in several precise areas of law. Trial lawyers handle cases involving lawsuits; family law attorneys handle divorce cases, child custody/visitation, child support, alimony and associated matters; general practitioners handle nearly all matters. Some areas of law are extremely specialized, like bankruptcy or taxation; others are delineated by statute, such as worker’s compensation. Any lawyer should be able to go over your particular issue, determine if he or she is prepared to handle such matters or advise you of the necessity to seek advice from another in a specialised area.
5. QUESTION: How can I make sure my lawyer is resolving my problems?
ANSWER: Every good attorney keeps track of his time (fees) and expenses (costs). Your retainer agreement 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 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 events have transpired by your counsel and the other party/counsel. You should also feel comfortable contacting your lawyer at intervals to determine the status of the issue, knowing you’ll likely be charged for these communications.
6. QUESTION: Just how do I select an attorney or lawyer?
ANSWER: Legal topics are as vast as those in other industries, such as medicine, construction, finance, etc. and may be just as perplexing. To safeguard your rights and remedies, the best practice would be to study your area of need and research what legal professionals are out there to work with you. A referral from somebody you know and regard can add a personal element to the plan to hire an attorney but really should not be the sole reason counsel is chosen. Look into the attorney’s background of training, experience and area(s) of practice. Asking important questions should be urged in this process. Self-help can be empowering but may also limit or negate your recovery. Hiring a lawyer should be considered with the same degree of thought and consideration as that given to the choice of a medical professional, accountant, financial expert or therapist.
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