Assuming you haven’t previously, probably sometime in your own lifetime you’ll have to retain an attorney at law. With the help of my discussion with Tampa Lawyer Christina Mesa, this is a group of answers to common as well as imperative questions.
1. QUESTION: Just how do I select an attorney?
ANSWER: Legal difficulties are as vast as those in other industries, such as medicine, construction, finance, etc. and can be just as complex. To safeguard your legal rights and remedies, the very best practice would be to study your area of need and research what lawyers are available to work with you. A referral from somebody you know and admire can bring a personal element to the consideration to hire an lawyer but shouldn’t be the only reason counsel is chosen. Research the lawyer’s background of schooling, experience and area(s) of practice. Asking basic questions should be encouraged in this process. Self-help can be strengthening but can also limit or negate your recovery. Hiring a law firm should be contemplated with exactly the same level of thought and consideration as that given to the choice of a physician, accountant, financial advisor or therapist.
2. QUESTION: How do I know if I require a legal professional?
ANSWER: If you have recently been served with a Summons and similar documents (Complaint, Petition, Motion), you really should endeavor to seek out legal assistance without delay. Papers filed in court that begin a lawsuit necessitate responses that involve particular deadlines; skipping those deadlines could damage your defense, limit or avoid your recovery. Some matters by statute involve a “pre-suit” time period that allow you to think about the legal issues and possible resolution before a lawsuit is filed. Similarly, seeking legal counsel at the earliest opportunity is recommended.
3. QUESTION: What is mediation?
ANSWER: Mediation is a course of action 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 a number of the problems involved. Mediators need to be unrelated to all parties and the litigation at issue, are to stay impartial between the parties and their lawyer, and continue maintaining the confidential structure of the conference to encourage settlement and resolution. Usually the parties share the cost of the mediation evenly but other arrangements may be made if all parties are in agreement in advance of the conference. Mediation is typically required in every case filed in court and before a trial is held.
4. QUESTION: What type of lawyer do I need?
ANSWER: Again, like other businesses, lawyers may specialise in a specific or more than one area. Similarly, law firms may specialize, offer general legal needs or provide services in several unique areas of law. Trial attorneys deal with cases involving lawsuits; family law lawyers handle separation and divorce, child custody/visitation, child support, alimony and associated matters; general practitioners handle nearly all matters. Some areas of law are very technical, like bankruptcy or taxation; some are delineated by statute, like worker’s compensation. Any attorney can talk about your particular issue, determine if he or she is qualified to handle such matters or advise you of the necessity to seek advice from another in a specialised area.
5. QUESTION: Do I need to hire an attorney 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 knowledge in the county wherein the matter will be litigated is crucial as that lawyer will have a level of comfort with the community courthouse personnel, attorneys (likely opposing counsel) and judges. One thing to consider in hiring an attorney away from area wherein the matter takes place is cost of journey time. Some lawyers do not charge for travel, others offer a lowered rate or preserve a billable rate for all work carried out. Clarify that question with each lawyer consulted.
6. QUESTION: How am I able to be sure my attorney is handling my issues?
ANSWER: Every good attorney monitors his time (fees) and expenses (costs). Your retainer arrangement should include a confirmation of how the attorney bills his clients – monthly, quarterly, etc. You may even keep track of your case in some jurisidictions that provide on-line accessibility to case dockets. If the county has that established, you’re wise to periodically review the docket and see what activities have transpired by your lawyer and the other party/counsel. You should also feel comfortable contacting your attorney at intervals to ascertain the status of the matter, understanding you will likely be charged for these communications.
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