In the event that you haven’t already, probably sometime in your lifetime you will have to hire an attorney at law. Thanks to my discussion with Tampa Lawyer Christina Mesa, below is a number of answers to frequent along with important questions.
1. QUESTION: Just how do I select an attorney or lawyer?
ANSWER: Legal troubles 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 ideal practice would be to study your area of need and research what law firms are out there to work with you. A referral from someone you know and regard can add a personal element to the decision to hire an lawyer but shouldn’t be the only reason counsel is picked. Research the attorney’s background of education, practical experience and area(s) of practice. Asking important questions should be encouraged in this process. Self-help can be empowering but can also reduce or negate your recovery. Hiring a law firm should be contemplated with exactly the same degree of thought and consideration as that given to the selection of a physician, accountant, financial expert or therapist.
2. QUESTION: How do I know if I will need a lawyer?
ANSWER: If you have been recently served with a Summons and comparable documents (Complaint, Petition, Motion), you should endeavor to seek out legal advice without delay. Papers filed in court that begin a lawsuit call for responses that involve specific deadlines; missing out on those deadlines could compromise your defense, reduce or avoid your recovery. Some matters by statute involve a “pre-suit” time period that allow you to take into account the legal issues and possible resolution before a suit is filed. Similarly, seeking a lawyer as soon as possible is recommended.
3. QUESTION: What exactly is mediation?
ANSWER: Mediation is a course of action whereby the parties to the issue present at an agreed place with their counsel (if retained) and a decided on mediator to try and resolve all or some of the issues involved. Mediators should be unrelated to all participants and the litigation at issue, are to stay impartial amongst the parties and their lawyer, and maintain the confidential structure of the conference to inspire settlement and resolution. Usually the parties share the fee of the mediation evenly but other arrangements may be made if all parties are in agreement in advance of the conference. Mediation is generally required in every case filed in court and just before a trial is held.
4. QUESTION: What type of attorney do I need?
ANSWER: Again, like other sectors, lawyers may concentrate in a specific or more than one area. Similarly, law offices may specialize, offer general legal needs or offer services in several precise areas of law. Trial lawyers handle cases involving lawsuits; family law lawyers handle separation and divorce, child custody/visitation, child support, alimony and associated matters; general practitioners handle most matters. Some areas of law are very technical, like bankruptcy or taxation; others are delineated by statute, as in worker’s compensation. Any lawyer should be able to talk about your specific issue, determine if he or she is qualified to handle such matters or inform you of the necessity to speak with another in a specialized area.
5. QUESTION: Do I have to hire an attorney at law in the county where the problem 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 is being litigated is essential as that lawyer will have a comfort level with the community courthouse personnel, lawyers (likely opposing counsel) and judges. One thing to consider in hiring legal counsel outside the area wherein the matter takes place is cost of journey 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 can I make sure my lawyer is handling my issues?
ANSWER: Every good lawyer monitors his time (fees) and expenses (costs). Your retainer agreement should include a affirmation of how the lawyer bills his clients – once a month, quarterly, etc. You may also keep track of your case in some jurisidictions that provide on-line accessibility to case dockets. If the county has that set up, you are wise to occasionally review the docket and see what activities have transpired by your lawyer and the other party/counsel. It’s also advisable to feel at ease getting in contact with your lawyer at intervals to ascertain the status of the matter, knowing you will likely be charged for these interactions.
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