If perhaps you haven’t already, chances are that sometime in your own lifetime you’ll have to hire an attorney. Thanks to my consultation with Tampa Attorney Christina Mesa, below is a selection of responses to common as well as important questions.
1. QUESTION: Just how do I select an attorney or lawyer?
ANSWER: Legal topics are as vast as those in other industries, such as medicine, construction, finance, etc. and are generally just as complex. To safeguard your rights and remedies, the ideal practice is to study your area of need and research what lawyers are accessible to work with you. A recommendation from someone you know and regard can bring a personal element to the plan to hire an lawyer but really should not be the singular reason counsel is chosen. Look into the lawyer’s background of schooling, 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 restrict or negate your recovery. Hiring a law firm should be considered with exactly the same level of thought and consideration as that directed at the choice of a doctor, accountant, financial specialist or therapist.
2. QUESTION: How do I know if I will need a lawyer?
ANSWER: If you have already been served with a Summons and related documents (Complaint, Petition, Motion), you should endeavor to look for legal advice right away. Papers filed in court that start a lawsuit require responses that involve exact deadlines; skipping those deadlines could compromise your defense, restrict or avoid your recovery. Some concerns by statute involve a “pre-suit” period of time that allow you to think about the legal issues and potential resolution before a suit is filed. Similarly, seeking legal counsel immediately is recommended.
3. QUESTION: Precisely what is mediation?
ANSWER: Mediation is a course of action whereby the parties to the issue present at an agreed site with their counsel (if retained) and a chosen mediator to try and resolve all or a number of the issues involved. Mediators should be unrelated to all participants and the litigation at issue, are to stay impartial in between the parties and their lawyer, and maintain the confidential structure of the conference to inspire settlement and resolution. Typically the parties share the charge of the mediation equally but other arrangements may be made if all parties are in agreement in advance 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 kind of attorney do I need?
ANSWER: Again, like other industries, lawyers may specialize in a certain or more than one area. Similarly, law firms may specialize, provide general legal needs or provide services in several precise areas of law. Trial attorneys deal with cases involving lawsuits; family law lawyers handle divorce cases, 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; some are delineated by statute, as in worker’s compensation. Any lawyer should be able to go over 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 specialized area.
5. QUESTION: Do I have to hire an attorney or lawyer in the county where the issue occurs?
ANSWER: No. Many attorneys practice in other counties and other states, based upon on their licensure for the latter. Having experience in the county wherein the matter is being litigated is crucial as that lawyer will have a level of comfort with the neighborhood courthouse personnel, lawyers (likely opposing counsel) and judges. One consideration in retaining a lawyer outside the area in which the matter takes place is cost of journey time. Some lawyers do not charge for travel, others offer a reduced rate or maintain a billable rate for all work carried out. Discuss that question with each attorney consulted.
6. QUESTION: How can I make sure my attorney is handling my issues?
ANSWER: Every good attorney keeps track of his time (fees) and expenses (costs). Your retainer arrangement should include a affirmation of how the attorney bills his clients – once a month, quarterly, etc. You may even track your case in some jurisidictions that provide on-line access to case dockets. If the county has that established, you are wise to periodically review the docket and see what events have taken place by your counsel and the other party/counsel. You should also feel at ease getting in contact with your attorney at intervals to determine the status of the issue, understanding you will likely be billed for these communications.
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