In the instance that you haven’t by now, probably sometime in your own lifetime you’ll have to employ a lawyer. Thanks to my discussion with Tampa Attorney Christina Mesa, here’s a listing of responses to typical as well as important questions.
1. QUESTION: How do I know if I require a lawyer or attorney?
ANSWER: If you have been served with a Summons and comparable documents (Complaint, Petition, Motion), you should really endeavor to seek out legal advice without delay. Papers filed in court that begin a lawsuit call for responses that involve specific deadlines; missing those deadlines could compromise your defense, restrict or avoid your recovery. Some matters by statute involve a “pre-suit” period that enable you to take into account the legal issues and possible resolution before a lawsuit 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 on their licensure for the latter. Having knowledge 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 lawyer) and judges. One consideration in hiring an attorney outside the area wherein the matter occurs is cost of journey time. Some attorneys do not charge for travel, others give you a decreased rate or maintain a billable rate for all work performed. Discuss that question with each lawyer consulted.
3. QUESTION: Exactly what is mediation?
ANSWER: Mediation is a process whereby the parties to the matter present at an agreed place with their counsel (if retained) and a decided on 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 remain impartial in between the parties and their lawyer, and maintain the confidential nature of the conference to recommend settlement and resolution. Generally the parties share the fee of the mediation equally but other arrangements might be made if all parties are in agreement in advance of the conference. Mediation is generally required in every case filed in court and prior to a trial is held.
4. QUESTION: What kind of law firm 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 provide services in several unique areas of law. Trial lawyers deal with cases involving lawsuits; family law attorneys handle divorce, child custody/visitation, child support, alimony and related matters; general practitioners handle nearly all matters. Some areas of law are extremely specialized, like bankruptcy or taxation; others are delineated by statute, like worker’s compensation. Any attorney should be able to talk about your particular issue, determine if he/she is prepared to handle such matters or advise you of the necessity to consult with another in a specialised area.
5. QUESTION: How am I able to be sure my lawyer is handling 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 attorney bills his clients – once a month, quarterly, etc. You may even keep track of your case in some jurisidictions that offer on-line accessibility to case dockets. If the county has that established, you’re wise to occasionally review the docket and see what events have transpired by your counsel and the other party/counsel. It’s also advisable to feel at ease getting in contact with your lawyer at intervals to learn the status of the issue, knowing you’ll likely be billed for these interactions.
6. QUESTION: Exactly how do I select an attorney?
ANSWER: Legal dilemmas are as vast as those in other industries, such as medicine, construction, finance, etc. and might be just as complicated. To protect your legal rights and remedies, the best practice would be to study your area of need and research what legal professionals are available to assist you. A recommendation from someone you know and respect can add a personal element to the decision to hire an law firm but shouldn’t be the sole reason counsel is chosen. Look into the attorney’s background of schooling, practical experience and area(s) of practice. Asking important questions should be urged in this process. Self-help can be empowering but can also reduce or negate your recovery. Hiring a law firm should be considered with exactly the same degree of thought and consideration as that directed at the selection of a physician, accountant, financial expert or therapist.
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