If you have not already, chances are that sometime in your own life you’ll need to hire an attorney at law. With the help of my discussion with Tampa Attorney Christina Mesa, what follows is a list of responses to popular and important questions.
1. QUESTION: How do I know if I need a legal professional?
ANSWER: If you have been served with a Summons and related documents (Complaint, Petition, Motion), you really should endeavor to find legal assistance right away. Papers filed in court that commence a lawsuit call for responses that involve specific deadlines; missing those deadlines could compromise your defense, reduce or avoid your recovery. Some concerns 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 legal counsel as soon as possible is recommended.
2. QUESTION: Do I have to hire an attorney or lawyer in the county where the problem occurs?
ANSWER: No. Many lawyers practice in other counties and other states, based on their licensure for the latter. Having experience in the county wherein the matter is being litigated is essential as that lawyer will have a level of comfort with the neighborhood courthouse personnel, lawyers (likely opposing lawyer) and judges. One thing to consider in hiring a lawyer away from area in which the matter takes place is cost of journey time. Some lawyers don’t charge for travel, others give you a reduced rate or preserve a billable rate for all work carried out. Clarify that question with each lawyer consulted.
3. QUESTION: Exactly what is mediation?
ANSWER: Mediation is a course of action whereby the parties to the matter present at an agreed location with their counsel (if retained) and a decided on mediator to try and resolve all or some of the issues involved. Mediators need to be unrelated to all parties and the litigation at issue, are to remain impartial between the parties and their counsel, and maintain the confidential nature of the conference to recommend settlement and resolution. Usually the parties share the charge of the mediation evenly but other arrangements may be made if all parties are in agreement in advance of the conference. Mediation is typically required in every case filed in court and just before a trial is held.
4. QUESTION: What kind of law firm do I need?
ANSWER: Again, like other sectors, attorneys may concentrate in a certain or more than one area. Similarly, law offices may specialize, offer general legal needs or provide services in a few precise areas of law. Trial lawyers handle cases involving lawsuits; family law lawyers handle divorce cases, child custody/visitation, child support, alimony and associated matters; general practitioners handle almost all matters. Some areas of law are very technical, like bankruptcy or taxation; others are delineated by statute, such as worker’s compensation. Any attorney can go over your specific issue, determine if he/she is prepared to take care of such matters or advise you of the necessity to consult with another in a specialized area.
5. QUESTION: How am I able to be sure my lawyer is handling my problems?
ANSWER: Every good attorney keeps track of his time (fees) and expenses (costs). Your retainer arrangement should include a affirmation of how the lawyer bills his clients – once a month, quarterly, etc. You may even 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 transpired by your counsel and the other party/counsel. It’s also advisable to feel at ease getting in touch with your attorney at intervals to determine the status of the matter, knowing you will likely be charged for these communications.
6. QUESTION: How do I select an attorney at law?
ANSWER: Legal topics are as vast as those in other sectors, such as medicine, construction, finance, etc. and can be just as complex. To protect your rights and remedies, the ideal practice would be to research your area of need and research what law firms are available to assist you. A recommendation from someone you know and admire can add a personal element to the consideration to hire an lawyer but shouldn’t be the singular reason counsel is picked. Look into the attorney’s background of schooling, experience and area(s) of practice. Asking basic questions should be encouraged in this process. Self-help could be empowering but can also limit or negate your recovery. Hiring a legal professional should be contemplated with the same degree of thought and consideration as that given to the choice of a physician, accountant, financial expert or therapist.
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