In the event that you have not before now, probably sometime in your lifetime you will have to retain an attorney. With the help of my consultation with Tampa Lawyer Christina Mesa, listed here is a group of responses to basic as well as fundamental questions.
1. QUESTION: How do I select an attorney or lawyer?
ANSWER: Legal issues are as vast as those in other industries, such as medicine, construction, finance, etc. and may be just as complicated. To safeguard your rights and remedies, the ideal practice is to research your area of need and research what attorneys are around to help you. A recommendation from somebody you know and respect can bring a personal element to the consideration to hire an attorney but should not be the only reason counsel is selected. Research the attorney’s background of training, expertise and area(s) of practice. Asking important questions should be encouraged in this process. Self-help can be strengthening but can also reduce or negate your recovery. Hiring a law firm should be considered with exactly the same degree 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 require a lawyer?
ANSWER: If you have already been served with a Summons and comparable documents (Complaint, Petition, Motion), you should endeavor to seek out legal guidance without delay. Papers filed in court that begin a lawsuit require responses that involve specific deadlines; skipping those deadlines could compromise your defense, restrict or avoid your recovery. Some matters by statute involve a “pre-suit” period of time that enable you to consider the legal issues and possible resolution before a suit is filed. Similarly, seeking a lawyer immediately is advised.
3. QUESTION: Precisely what is mediation?
ANSWER: Mediation is a course of action whereby the parties to the issue present at an agreed area with their counsel (if retained) and a decided on mediator to try and solve all or a number of the issues involved. Mediators are to 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 aspect of the conference to encourage settlement and resolution. Usually the parties share the fee of the mediation evenly but other arrangements might 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 kind of attorney do I need?
ANSWER: Again, like other industries, attorneys may concentrate in a specific or more than one area. Similarly, law firms may specialize, provide general legal needs or offer services in several unique areas of law. Trial attorneys handle cases involving lawsuits; family law attorneys handle divorce, child custody/visitation, child support, alimony and related matters; general practitioners handle almost all matters. Some areas of law are very technical, like bankruptcy or taxation; others are delineated by statute, as in worker’s compensation. Any attorney should be able to talk about your particular issue, determine if he/she is qualified to take care of such matters or advise you of the need to consult with another in a specialized area.
5. QUESTION: Do I need to hire an attorney or lawyer in the county where the problem occurs?
ANSWER: No. Many lawyers practice in other counties and other states, based upon on their licensure for the latter. Having experience in the county in which the matter is being litigated is essential as that attorney will have a level of comfort with the community courthouse personnel, lawyers (likely opposing counsel) and judges. One thing to consider in hiring a lawyer away from area wherein the matter occurs is cost of journey time. Some lawyers don’t 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 may 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 – monthly, quarterly, etc. You may even keep track of your case in some jurisidictions that supply on-line access to case dockets. If the county has that established, you are wise to periodically 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 contacting your attorney at intervals to determine the status of the issue, knowing you will likely be charged for these communications.
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