In case you haven’t previously, probably sometime in your own lifetime you’ll need to retain the services of a lawyer. Thanks to my interview with Tampa Attorney Christina Mesa, here’s a selection of responses to frequent as well as fundamental questions.
1. QUESTION: How do I know if I require a legal professional?
ANSWER: If you have already been served with a Summons and related documents (Complaint, Petition, Motion), you really should endeavor to seek out legal guidance immediately. Papers filed in court that begin a lawsuit call for responses that involve particular deadlines; missing out on those deadlines could compromise your defense, limit or avoid your recovery. Some matters by statute involve a “pre-suit” period of time that allow you to think about the legal issues and possible resolution before a suit is filed. Similarly, seeking a lawyer as soon as possible is advised.
2. QUESTION: Do I need to hire an attorney at law in the county where the problem occurs?
ANSWER: No. Many attorneys practice in other counties and other states, based upon on their licensure for the latter. Having knowledge in the county wherein the matter will be litigated is essential as that attorney will have a comfort level with the local courthouse personnel, lawyers (likely opposing counsel) and judges. One thing to consider in hiring an attorney away from area in which the matter takes place is cost of travel time. Some attorneys do not charge for travel, others offer a decreased rate or maintain a billable rate for all work performed. Discuss that question with each lawyer consulted.
3. QUESTION: What is mediation?
ANSWER: Mediation is a course of action whereby the parties to the matter present at an agreed place with their counsel (if retained) and a selected mediator to try and solve all or a number of the concerns involved. Mediators are to be unrelated to all parties and the litigation at issue, are to stay impartial amongst the parties and their counsel, and continue maintaining the confidential aspect of the conference to inspire 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 normally required in every case filed in court and before a trial is held.
4. QUESTION: What kind of attorney do I need?
ANSWER: Again, like other sectors, attorneys may concentrate in a specific or more than one area. Similarly, law offices may specialize, offer general legal needs or offer you services in several specific areas of law. Trial attorneys handle cases involving lawsuits; family law attorneys handle divorce cases, child custody/visitation, child support, alimony and associated matters; general practitioners handle most matters. Some areas of law are extremely complex, like bankruptcy or taxation; others are delineated by statute, such as worker’s compensation. Any lawyer can talk about your particular issue, determine if he or she is qualified to handle such matters or advise you of the necessity to speak with another in a specialised area.
5. QUESTION: How may I make sure my attorney is handling my issues?
ANSWER: Every good lawyer keeps track of his time (fees) and expenditures (costs). Your retainer arrangement should include a affirmation of how the attorney bills his clients – monthly, quarterly, etc. You may also track your case in some jurisidictions that provide on-line accessibility to case dockets. If the county has that set up, you are wise to routinely review the docket and see what activities have taken place by your counsel and the other party/counsel. It’s also advisable to feel comfortable contacting your attorney at intervals to learn the status of the issue, understanding you’ll likely be billed for these communications.
6. QUESTION: Just how do I select an attorney at law?
ANSWER: Legal issues are as vast as those in other industries, such as medicine, construction, finance, etc. and are often just as perplexing. To protect your legal rights and remedies, the very best practice is to investigate your area of need and research what lawyers are available to work with you. A recommendation from somebody you know and admire can bring a personal element to the consideration to hire an lawyer but really should not be the sole reason counsel is selected. Research the attorney’s background of training, practical experience and area(s) of practice. Asking a lot of questions should be urged in this process. Self-help can be empowering but may also reduce or negate your recovery. Hiring a legal professional should be contemplated with the exact same level of thought and consideration as that directed at the choice of a medical professional, accountant, financial expert or therapist.
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