If perhaps you haven’t before now, probably sometime in your lifetime you will have to employ legal counsel. Thanks to my interview with Tampa Lawyer Christina Mesa, what follows is a listing of answers to common along with worthwhile questions.
1. QUESTION: Precisely how do I select an attorney or lawyer?
ANSWER: Legal matters are as vast as those in other sectors, such as medicine, construction, finance, etc. and are generally just as complex. To safeguard your rights and remedies, the best practice is to investigate your area of need and research what lawyers are out there to assist you. A referral from somebody you know and admire can add a personal element to the decision to hire an law firm but really should not be the singular reason counsel is selected. Research the attorney’s background of education, practical experience and area(s) of practice. Asking a lot of questions should be urged in this process. Self-help can be empowering but can also reduce or negate your recovery. Hiring a legal professional should be contemplated with the exact same level of thought and consideration as that directed at the choice of a medical professional, accountant, financial specialist or therapist.
2. QUESTION: How do I know if I need a legal professional?
ANSWER: If you have been served with a Summons and associated documents (Complaint, Petition, Motion), you really should endeavor to look for legal assistance immediately. Papers filed in court that start a lawsuit require responses that involve specific deadlines; skipping those deadlines could damage your defense, reduce or avoid your recovery. Some concerns by statute involve a “pre-suit” period of time that allow you to consider the legal issues and possible resolution before a lawsuit is filed. Similarly, seeking a lawyer as quickly as possible is recommended.
3. QUESTION: What is mediation?
ANSWER: Mediation is a process whereby the parties to the matter present at an agreed site with their counsel (if retained) and a decided on mediator to try and solve all or some of the concerns involved. Mediators should be unrelated to all participants and the litigation at issue, are to remain impartial amongst the parties and their lawyer, and continue maintaining the confidential aspect of the conference to inspire settlement and resolution. Generally the parties share the cost of the mediation equally but other arrangements may be made if all parties are in agreement in advance of the conference. Mediation is typically required in just about every case filed in court and before a trial is held.
4. QUESTION: What type of law firm do I need?
ANSWER: Again, like other industries, attorneys may concentrate in a specific or more than one area. Similarly, law firms may specialize, offer general legal needs or provide services in several specific areas of law. Trial lawyers handle cases involving lawsuits; family law attorneys handle divorce, child custody/visitation, child support, alimony and associated matters; general practitioners handle nearly all matters. Some areas of law are extremely technical, like bankruptcy or taxation; some are delineated by statute, like worker’s compensation. Any attorney should be able to go over your specific issue, determine if he or she is prepared to take care of such matters or advise you of the necessity to seek advice from another in a specialised area.
5. QUESTION: Do I have to hire an attorney or lawyer in the county where the problem occurs?
ANSWER: No. Many lawyers 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 essential as that attorney will have a level of comfort with the community courthouse personnel, attorneys (likely opposing lawyer) and judges. One consideration in retaining legal counsel away from area wherein the matter occurs is cost of travel time. Some lawyers do not charge for travel, others offer a reduced rate or preserve a billable rate for all work conducted. Discuss that question with each attorney consulted.
6. QUESTION: How can I be sure my lawyer is handling my problems?
ANSWER: Every good lawyer keeps track of his time (fees) and expenditures (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 activities have taken place by your lawyer and the other party/counsel. It’s also advisable to feel comfortable getting in contact with your attorney at intervals to learn the status of the matter, understanding you will likely be charged for these interactions.
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