In case you have not already, chances are that sometime in your own lifetime you’ll have to retain an attorney at law. Thanks to my discussion with Tampa Lawyer Christina Mesa, what follows is a variety of responses to popular and worthwhile questions.
1. QUESTION: How do I know if I need a lawyer?
ANSWER: If you have already been served with a Summons and associated documents (Complaint, Petition, Motion), you really should endeavor to find legal guidance right away. Papers filed in court that commence a lawsuit necessitate responses that involve particular deadlines; skipping those deadlines could compromise your defense, limit or avoid your recovery. Some matters by statute involve a “pre-suit” time 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 recommended.
2. QUESTION: Do I have to hire an attorney or lawyer in the county where the problem occurs?
ANSWER: No. Many attorneys practice in other counties and other states, depending on their licensure for the latter. Having knowledge in the county in which the matter will be litigated is essential as that attorney will have a level of comfort with the community courthouse personnel, attorneys (likely opposing lawyer) and judges. One thing to consider in hiring a lawyer outside the area wherein the matter occurs is cost of journey time. Some attorneys don’t charge for travel, others offer a reduced rate or preserve a billable rate for all work performed. Clarify that question with each attorney consulted.
3. QUESTION: What exactly is mediation?
ANSWER: Mediation is a course of action whereby the parties to the matter present at an agreed area with their counsel (if retained) and a selected mediator to try and solve all or some of the issues involved. Mediators are to be unrelated to all parties and the litigation at issue, are to remain impartial between the parties and their counsel, and continue maintaining the confidential aspect of the conference to recommend settlement and resolution. Typically the parties share the cost of the mediation equally but other arrangements can be made if all parties are in agreement ahead of the conference. Mediation is usually required in every case filed in court and just before a trial is held.
4. QUESTION: What kind of attorney do I need?
ANSWER: Again, like other sectors, lawyers may specialise in a specific or more than one area. Similarly, law offices may specialize, provide general legal needs or offer services in several specific areas of law. Trial lawyers deal with cases involving lawsuits; family law lawyers handle divorce cases, child custody/visitation, child support, alimony and associated matters; general practitioners handle most matters. Some areas of law are extremely technical, like bankruptcy or taxation; others are delineated by statute, as in worker’s compensation. Any attorney should be able to go over your specific issue, determine if he or she is prepared to take care of such matters or inform you of the necessity to consult with another in a specialized area.
5. QUESTION: How may I be sure my lawyer is resolving my issues?
ANSWER: Every good lawyer monitors his time (fees) and expenditures (costs). Your retainer arrangement should include a confirmation of how the attorney bills his clients – once a month, quarterly, etc. You may even track your case in some jurisidictions that provide on-line accessibility to case dockets. If the county has that established, you’re wise to routinely review the docket and see what activities have taken place by your lawyer and the other party/counsel. It’s also advisable to feel comfortable getting in contact with your attorney at intervals to learn the status of the matter, knowing you’ll likely be charged for these communications.
6. QUESTION: Just how do I select an attorney at law?
ANSWER: Legal problems are as vast as those in other sectors, such as medicine, construction, finance, etc. and may be just as perplexing. To safeguard your legal rights and remedies, the best practice is to study your area of need and research what attorneys are available to help you. A referral from somebody you know and regard can add a personal element to the decision to hire an law firm but should not be the only reason counsel is chosen. Research the attorney’s background of schooling, practical experience and area(s) of practice. Asking basic questions should be encouraged in this process. Self-help can be empowering but can also reduce or negate your recovery. Hiring a lawyer should be contemplated with exactly the same degree of thought and consideration as that directed at the choice of a doctor, accountant, financial advisor or therapist.
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