Do You Need A Divorce Lawyer
Assuming you haven't already, chances are that sometime in a lifetime you will have to employ a lawyer. Thanks to my consultation with Tampa Attorney Christina Mesa, here is a group of responses to popular along with worthwhile questions.
1. QUESTION: Do I have to hire an attorney or lawyer in the county where the case 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 is being litigated is essential as that attorney will have a level of comfort with the neighborhood courthouse personnel, lawyers (likely opposing lawyer) and judges. One consideration in hiring a lawyer away from area in which the matter takes place is cost of travel time. Some attorneys don't charge for travel, others offer a lowered rate or maintain a billable rate for all work performed. Talk about that question with each lawyer consulted.
2. QUESTION: How may I be sure my attorney is handling my issues?
ANSWER: Every good attorney accounts for his time (fees) and expenditures (costs). Your retainer agreement should include a statement 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 set up, you are wise to periodically review the docket and see what activities have occurred by your attorney and the other party/counsel. In addition feel at ease getting in contact with your lawyer at intervals to determine the status of the matter, understanding you'll likely be billed for these communications.
3. QUESTION: Exactly how do I pick an attorney at law?
ANSWER: Legal issues are as vast as those in other industries, such as medicine, construction, finance, etc. and tend to be just as complicated. To protect your rights and remedies, the ideal practice would be to study your area of need and research what legal professionals are out there to help you. A referral from somebody you know and respect can bring a personal element to the consideration to hire an law firm but shouldn't be the only reason counsel is selected. Research the lawyer's background of education, experience and area(s) of practice. Asking a lot of questions should be urged in this process. Self-help could be strengthening but can also reduce or negate your recovery. Hiring a law firm should be contemplated with the same degree of thought and consideration as that given to the choice of a doctor, accountant, financial advisor or therapist.
4. QUESTION: How do I know if I need a lawyer?
ANSWER: If you have been served with a Summons and similar documents (Complaint, Petition, Motion), you really should endeavor to look for legal advice now. Documents filed in court that begin a lawsuit require responses that involve exact deadlines; skipping those deadlines could damage your defense, limit or avoid your recovery. Some issues by statute involve a "pre-suit" period that allow you to consider the legal issues and potential resolution before a lawsuit is filed. Similarly, seeking legal counsel at the earliest opportunity is advised.
5. QUESTION: What exactly is mediation?
ANSWER: Mediation is a process whereby the parties to the matter present at an agreed location with their counsel (if retained) and a decided on mediator to try and solve all or a number of the issues involved. Mediators need to be unrelated to all parties and the litigation at issue, are to stay impartial between the parties and their lawyer, and continue maintaining the confidential structure of the conference to encourage settlement and resolution. Usually the parties share the charge of the mediation evenly but other arrangements might be made if all parties are in agreement ahead of the conference. Mediation is typically required in just about every case filed in court and before a trial is held.
6. QUESTION: What kind of legal professional do I need?
ANSWER: Again, like other industries, lawyers may specialize in a certain or more than one area. Similarly, law offices may specialize, provide general legal needs or offer you services in a few unique areas of law. Trial lawyers handle cases involving lawsuits; family law attorneys handle divorce cases, child custody/visitation, child support, alimony and associated matters; general practitioners handle almost all matters. Some areas of law are extremely specialized, like bankruptcy or taxation; some are delineated by statute, such as worker's compensation. Any lawyer should be able to go over your particular issue, determine if he or she is qualified to handle such matters or advise you of the necessity to seek advice from another in a specialised area.
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