Divorce Lawyer Exposed

In the case you have not previously, probably sometime in a lifetime you will want to seek the services of legal counsel. With the help of my discussion with Tampa Attorney Christina Mesa, below is a list of responses to popular and worthwhile questions.

1. QUESTION: How can I make sure my lawyer is handling my problems?
ANSWER: Every good attorney monitors his time (fees) and expenditures (costs). Your retainer contract should include a confirmation of how the attorney bills his clients - month-to-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 occurred by your lawyer and the other party/counsel. You should also feel at ease getting in contact with your attorney at intervals to determine the status of the issue, knowing you will likely be billed for these interactions.

2. QUESTION: Do I want to hire an attorney or lawyer in the county where the issue occurs?
ANSWER: No. Many lawyers 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 crucial as that attorney will have a level of comfort with the county courthouse personnel, lawyers (likely opposing lawyer) and judges. One consideration in retaining an attorney outside the area wherein the matter occurs is cost of journey time. Some attorneys don't charge for travel, others give you a decreased rate or maintain a billable rate for all work conducted. Clarify that question with each lawyer consulted.

3. QUESTION: How do I determine if I will need a lawyer?
ANSWER: If you have already been served with a Summons and related documents (Complaint, Petition, Motion), you really should endeavor to find legal advice now. Papers filed in court that start a lawsuit call for responses that involve exact deadlines; missing those deadlines could damage your defense, limit or avoid your recovery. Some issues by statute involve a "pre-suit" period that allow you to think about the legal issues and possible resolution before a lawsuit is filed. Similarly, seeking legal counsel immediately is advised.

4. QUESTION: Exactly what is mediation?
ANSWER: Mediation is a process whereby the parties to the issue present at an agreed site with their counsel (if retained) and a selected mediator to try and resolve all or a number of the problems involved. Mediators should be unrelated to all participants and the litigation at issue, are to stay impartial in between the parties and their counsel, and continue maintaining the confidential nature of the conference to encourage settlement and resolution. Typically the parties share the fee of the mediation evenly but other arrangements can be made if all parties are in agreement in advance of the conference. Mediation is normally required in just about every case filed in court and prior to a trial is held.

5. QUESTION: What kind of lawyer do I need?
ANSWER: Again, like other industries, lawyers may specialize in a certain or more than one area. Similarly, law firms may specialize, offer general legal needs or offer you services in several precise areas of law. Trial lawyers handle cases involving lawsuits; family law attorneys handle separation and divorce, child custody/visitation, child support, alimony and associated matters; general practitioners handle nearly all matters. Some areas of law are extremely specialized, like bankruptcy or taxation; some are delineated by statute, like worker's compensation. Any attorney should be able to talk about your specific issue, determine if he/she is prepared to take care of such matters or advise you of the need to speak with another in a specialized area.

6. QUESTION: Precisely how do I select an attorney or lawyer?
ANSWER: Legal topics are as vast as those in other industries, such as medicine, construction, finance, etc. and may be just as perplexing. To safeguard your legal rights and remedies, the very best practice is to study your area of need and research what law firms are around to assist you. A recommendation from somebody you know and respect can add a personal element to the plan to hire an law firm but really should not be the sole reason counsel is selected. Research the attorney's background of training, experience and area(s) of practice. Asking important questions should be urged in this process. Self-help can be strengthening but may also restrict or negate your recovery. Hiring a lawyer should be considered with the same level of thought and consideration as that given to the choice of a doctor, accountant, financial expert or therapist.

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