Assuming you haven’t previously, probably sometime in your lifetime you will have to hire a lawyer. With the help of my interview with Tampa Attorney Christina Mesa, here’s a listing of answers to common as well as worthwhile questions.
1. QUESTION: Precisely how do I select an attorney?
ANSWER: Legal topics are as vast as those in other sectors, such as medicine, construction, finance, etc. and tend to be just as complex. To safeguard your legal rights and remedies, the very best practice is to study your area of need and research what attorneys are accessible to assist you. A referral from somebody you know and regard can bring a personal element to the plan to hire an attorney but shouldn’t be the only reason counsel is selected. Research the attorney’s background of schooling, experience and area(s) of practice. Asking basic questions should be urged in this process. Self-help could be empowering but may also limit or negate your recovery. Hiring a law firm should be contemplated with the exact same degree of thought and consideration as that given to the selection of a medical professional, accountant, financial advisor or therapist.
2. QUESTION: How do I know if I will need a lawyer?
ANSWER: If you have recently been served with a Summons and comparable documents (Complaint, Petition, Motion), you really should endeavor to find legal assistance without delay. Papers filed in court that begin a lawsuit necessitate responses that involve specific deadlines; missing those deadlines could compromise your defense, reduce or avoid your recovery. Some concerns by statute involve a “pre-suit” period that allow you to consider the legal issues and possible resolution before a suit is filed. Similarly, seeking a lawyer immediately is recommended.
3. QUESTION: What exactly 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 chosen mediator to try and solve all or some of the issues involved. Mediators are to be unrelated to all participants and the litigation at issue, are to stay impartial between the parties and their counsel, and maintain 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 ahead of the conference. Mediation is generally required in just about every case filed in court and just before a trial is held.
4. QUESTION: What type of law firm do I need?
ANSWER: Again, like other industries, attorneys may specialise in a specific or more than one area. Similarly, law firms may specialize, offer general legal needs or offer services in a few unique areas of law. Trial lawyers deal with cases involving lawsuits; family law attorneys handle divorce cases, child custody/visitation, child support, alimony and associated matters; general practitioners handle most matters. Some areas of law are extremely complex, like bankruptcy or taxation; some are delineated by statute, as in worker’s compensation. Any attorney should be able to talk about your specific issue, determine if he/she is qualified to take care of such matters or advise you of the necessity to seek advice from another in a specialized area.
5. QUESTION: Do I need to hire an attorney at law in the county where the issue occurs?
ANSWER: No. Many lawyers or 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 important as that lawyer will have a level of comfort with the local courthouse personnel, attorneys (likely opposing lawyer) and judges. One consideration in retaining legal counsel away from area in which the matter takes place is cost of travel time. Some lawyers don’t charge for travel, others give you a lowered rate or maintain a billable rate for all work carried out. Clarify that question with each lawyer consulted.
6. QUESTION: How am I able to make sure my attorney is resolving my issues?
ANSWER: Every good attorney keeps track of his time (fees) and expenses (costs). Your retainer agreement should include a affirmation of how the attorney bills his clients – month-to-month, quarterly, etc. You may even track your case in some jurisidictions that supply on-line accessibility to case dockets. If the county has that established, 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 at ease getting in contact with your attorney at intervals to determine the status of the matter, knowing you will likely be billed for these communications.
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