In case you have not previously, probably sometime in a lifetime you’ll need to seek the services of legal counsel. With the help of my consultation with Tampa Lawyer Christina Mesa, this is a listing of responses to frequent and fundamental questions.
1. QUESTION: Precisely how do I select an attorney or lawyer?
ANSWER: Legal issues are as vast as those in other sectors, such as medicine, construction, finance, etc. and may be just as perplexing. To protect your rights and remedies, the best practice would be to research your area of need and research what legal professionals are out there to help you. A referral from somebody you know and regard can bring a personal element to the decision to hire an law firm but shouldn’t be the exclusive reason counsel is selected. Research the attorney’s background of schooling, experience and area(s) of practice. Asking questions should be encouraged in this process. Self-help could be empowering but may also limit or negate your recovery. Hiring a legal professional should be considered with exactly the same level of thought and consideration as that given to the selection of a medical professional, accountant, financial expert or therapist.
2. QUESTION: How do I know if I need a lawyer?
ANSWER: If you have been recently served with a Summons and comparable documents (Complaint, Petition, Motion), you really should endeavor to seek out legal assistance immediately. Papers filed in court that start a lawsuit call for responses that involve particular deadlines; skipping those deadlines could compromise your defense, reduce or avoid your recovery. Some concerns by statute involve a “pre-suit” time period that enable you to take into account the legal issues and potential resolution before a lawsuit is filed. Similarly, seeking legal counsel at the earliest opportunity is recommended.
3. QUESTION: What exactly 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 selected 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 remain impartial in between the parties and their lawyer, and maintain the confidential structure of the conference to recommend settlement and resolution. Generally the parties share the fee of the mediation equally but other arrangements may be made if all parties are in agreement in advance of the conference. Mediation is normally required in every case filed in court and prior to a trial is held.
4. QUESTION: What type of attorney at law do I need?
ANSWER: Again, like other businesses, attorneys 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 precise areas of law. Trial lawyers deal with cases involving lawsuits; family law attorneys handle divorce, child custody/visitation, child support, alimony and related matters; general practitioners handle nearly all matters. Some areas of law are extremely complex, like bankruptcy or taxation; others are delineated by statute, as in worker’s compensation. Any lawyer should be able to discuss 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.
5. QUESTION: Do I have to hire an attorney in the county where the issue occurs?
ANSWER: No. Many attorneys practice in other counties and other states, depending on their licensure for the latter. Having experience in the county in which the matter will be litigated is crucial as that attorney will have a level of comfort with the community courthouse personnel, lawyers (likely opposing lawyer) and judges. One thing to consider in hiring an attorney outside the area wherein the matter occurs is cost of travel time. Some lawyers do not charge for travel, others give you a decreased rate or preserve a billable rate for all work carried out. Discuss that question with each attorney consulted.
6. QUESTION: How can I be sure my lawyer is handling my issues?
ANSWER: Every good attorney keeps track of his time (fees) and expenses (costs). Your retainer agreement should include a confirmation of how the attorney bills his clients – month-to-month, quarterly, etc. You may also track your case in some jurisidictions that offer on-line accessibility to case dockets. If the county has that established, you’re wise to routinely review the docket and see what events have taken place by your lawyer and the other party/counsel. You should also feel comfortable getting in contact with your attorney at intervals to learn the status of the matter, understanding you’ll likely be charged for these interactions.
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