In the instance that you have not before now, probably sometime in your own life you’ll need to employ legal counsel. Thanks to my consultation with Tampa Attorney Christina Mesa, this is a number of responses to popular and imperative questions.
1. QUESTION: How do I know if I will need a lawyer?
ANSWER: If you have recently been served with a Summons and related documents (Complaint, Petition, Motion), you should endeavor to seek legal guidance without delay. Papers filed in court that start a lawsuit call for responses that involve exact deadlines; missing out on those deadlines could compromise your defense, reduce or avoid your recovery. Some issues by statute involve a “pre-suit” period of time that enable you to consider 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 or lawyer 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 experience in the county in which the matter is being litigated is essential as that lawyer will have a comfort level with the community courthouse personnel, attorneys (likely opposing counsel) and judges. One thing to consider in hiring a lawyer outside the area in which the matter occurs is cost of travel time. Some lawyers don’t charge for travel, others offer a reduced rate or maintain 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 process whereby the parties to the matter present at an agreed area with their counsel (if retained) and a chosen mediator to try and solve all or some of the issues involved. Mediators need to be unrelated to all parties and the litigation at issue, are to stay impartial amongst the parties and their counsel, and maintain the confidential structure of the conference to recommend settlement and resolution. Typically the parties share the fee of the mediation equally but other arrangements can be made if all parties are in agreement in advance of the conference. Mediation is usually required in every case filed in court and just before a trial is held.
4. QUESTION: What type of attorney at law do I need?
ANSWER: Again, like other businesses, attorneys may specialise in a certain or more than one area. Similarly, law offices may specialize, provide general legal needs or provide services in a few unique areas of law. Trial attorneys handle cases involving lawsuits; family law attorneys handle divorce cases, child custody/visitation, child support, alimony and related matters; general practitioners handle almost all matters. Some areas of law are very specialized, like bankruptcy or taxation; some are delineated by statute, like worker’s compensation. Any lawyer should be able to talk about your particular 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 specialised area.
5. QUESTION: How can I make sure my attorney 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 – monthly, quarterly, etc. You may even keep track of your case in some jurisidictions that provide on-line access to case dockets. If the county has that set up, you are wise to routinely review the docket and see what events have taken place by your counsel and the other party/counsel. It’s also advisable to feel comfortable getting in touch with your lawyer at intervals to learn the status of the issue, understanding you’ll likely be billed for these interactions.
6. QUESTION: Precisely how do I select an attorney or lawyer?
ANSWER: Legal matters are as vast as those in other industries, such as medicine, construction, finance, etc. and are generally just as complicated. To protect your legal rights and remedies, the very best practice would be to investigate your area of need and research what legal professionals are out there to assist you. A referral from someone you know and admire can add a personal element to the consideration to hire an law firm but shouldn’t be the singular reason counsel is chosen. Look into the lawyer’s background of education, expertise and area(s) of practice. Asking a lot of questions should be encouraged in this process. Self-help could be strengthening but can also reduce or negate your recovery. Hiring a lawyer should be contemplated with the same degree of thought and consideration as that directed at the selection of a doctor, accountant, financial specialist or therapist.
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