Why You Need A Divorce Lawyer
If you have not already, chances are that sometime in your own lifetime you will need to retain the services of legal counsel. With the help of my discussion with Tampa Attorney Christina Mesa, below is a list of answers to very common and worthwhile questions.
1. QUESTION: Do I have to hire an attorney in the county where the case occurs?
ANSWER: No. Many lawyers practice in other jurisdictions and other states, depending on their licensure for the latter. Having knowledge in the county wherein the matter is being litigated is important as that lawyer will have a level of comfort with the local courthouse personnel, lawyers (likely opposing lawyer) and judges. One thing to consider in retaining legal counsel away from area in which the matter occurs is cost of journey time. Some lawyers do not charge for travel, others give you a reduced rate or preserve a billable rate for all work carried out. Talk about that question with each attorney consulted.
2. QUESTION: How am I able to make sure my lawyer is handling my issues?
ANSWER: Every good attorney accounts for his time (fees) and expenditures (costs). Your retainer contract should include a statement of how the attorney bills his clients - month-to-month, quarterly, etc. You may also track your case in some jurisidictions that supply on-line access to case dockets. If the county has that set up, you're wise to occasionally review the docket and see what changes have transpired by your counsel and the other party/counsel. It's also advisable to feel comfortable contacting your attorney at intervals to ascertain the status of the matter, understanding you will likely be billed for these interactions.
3. QUESTION: Just how do I select an attorney at law?
ANSWER: Legal dilemmas are as vast as those in other sectors, such as medicine, construction, finance, etc. and tend to be just as complex. To protect your rights and remedies, the very best practice is to investigate your area of need and research what legal professionals are available to work with you. A referral from someone you know and regard can bring a personal element to the decision to hire an lawyer but shouldn't be the exclusive reason counsel is picked. Look into the attorney's background of education, experience and area(s) of practice. Asking important questions should be encouraged in this process. Self-help could be strengthening but can also reduce or negate your recovery. Hiring a law firm should be considered with the exact same level of thought and consideration as that given to the pick of a doctor, accountant, financial advisor or therapist.
4. QUESTION: How do I determine if I need a lawyer?
ANSWER: If you have recently been served with a Summons and comparable documents (Complaint, Petition, Motion), you should endeavor to look for legal guidance without delay. Documents filed in court that start a lawsuit necessitate responses that involve particular deadlines; missing those deadlines could compromise your defense, reduce or avoid your recovery. Some issues by statute involve a "pre-suit" time period that enable you to take into account the legal issues and possible resolution before a suit is filed. Similarly, seeking legal counsel immediately is advised.
5. QUESTION: Precisely what is mediation?
ANSWER: Mediation is a course of action whereby the parties to the case present at an agreed local with their counsel (if retained) and a decided on mediator to try and solve all or some of the issues involved. Mediators should be unrelated to all parties and the litigation at issue, are to stay impartial in between the parties and their lawyer, and maintain the confidential structure of the conference to encourage settlement and resolution. Typically the parties share the fee of the mediation evenly but other arrangements might be made if all parties are in agreement ahead of the conference. Mediation is generally required in just about every case filed in court and prior to a trial is held.
6. QUESTION: What type of lawyer do I need?
ANSWER: Again, like other industries, attorneys may specialize in a certain or more than one area. Similarly, law firms may specialize, offer general legal needs or offer you services in a few specific areas of law. Trial attorneys 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; some are delineated by statute, like worker's compensation. Any attorney can talk about your specific issue, determine if he or she is prepared to handle such matters or inform you of the need to consult with another in a specialised area.
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