In the event that you haven’t already, chances are that sometime in your life you will need to retain the services of an attorney at law. Thanks to my consultation with Tampa Lawyer Christina Mesa, here is a list of responses to common as well as fundamental questions.
1. QUESTION: How do I know if I need a lawyer or attorney?
ANSWER: If you have been recently served with a Summons and similar documents (Complaint, Petition, Motion), you really should endeavor to seek legal assistance right away. Papers filed in court that begin a lawsuit require responses that involve particular deadlines; missing out on those deadlines could compromise your defense, reduce or avoid your recovery. Some issues by statute involve a “pre-suit” time period that enable you to take into account the legal issues and probable resolution before a lawsuit is filed. Similarly, seeking a lawyer immediately is advised.
2. QUESTION: Do I have to hire an attorney in the county where the problem 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 in which the matter is being litigated is important as that attorney will have a level of comfort with the community courthouse personnel, lawyers (likely opposing counsel) and judges. One thing to consider in retaining a lawyer away from area wherein the matter takes place is cost of journey time. Some lawyers don’t charge for travel, others offer a decreased rate or preserve a billable rate for all work carried out. Clarify that question with each lawyer consulted.
3. QUESTION: What exactly is mediation?
ANSWER: Mediation is a process whereby the parties to the issue present at an agreed site with their counsel (if retained) and a selected mediator to try and resolve all or some of the concerns involved. Mediators should be unrelated to all participants and the litigation at issue, are to stay impartial amongst the parties and their counsel, and maintain the confidential nature of the conference to recommend settlement and resolution. Typically the parties share the cost of the mediation evenly 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 type of law firm do I need?
ANSWER: Again, like other businesses, lawyers may specialise in a specific or more than one area. Similarly, law offices may specialize, offer general legal needs or offer services in several unique areas of law. Trial attorneys handle cases involving lawsuits; family law attorneys handle divorce, child custody/visitation, child support, alimony and associated matters; general practitioners handle most matters. Some areas of law are very specialized, like bankruptcy or taxation; some are delineated by statute, such as worker’s compensation. Any lawyer should be able to talk about your specific issue, determine if he/she is qualified to handle such matters or advise you of the need to consult with another in a specialised area.
5. QUESTION: How am I able to make sure my lawyer is resolving my issues?
ANSWER: Every good lawyer monitors his time (fees) and expenses (costs). Your retainer agreement should include a affirmation of how the attorney bills his clients – monthly, 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 taken place 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, understanding you’ll likely be billed for these interactions.
6. QUESTION: Exactly how do I select an attorney at law?
ANSWER: Legal concerns are as vast as those in other industries, such as medicine, construction, finance, etc. and usually are just as complicated. To safeguard your legal rights and remedies, the very best practice is to investigate your area of need and research what attorneys are out there to work with you. A recommendation from somebody you know and respect can add a personal element to the consideration to hire an law firm but should not be the only reason counsel is picked. Research the attorney’s background of training, expertise and area(s) of practice. Asking important 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 considered with the exact same level of thought and consideration as that directed at the pick of a doctor, accountant, financial expert or therapist.
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