What To Expect From Divorce Lawyers
If perhaps you have not before now, probably sometime in your lifetime you'll have to retain an attorney at law. Thanks to my discussion with Tampa Attorney Christina Mesa, here's a variety of answers to very common and imperative questions.
1. QUESTION: Do I need to hire an attorney in the county where the issue occurs?
ANSWER: No. Many attorneys practice in other counties and other states, based 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 comfort level with the county courthouse personnel, attorneys (likely opposing counsel) and judges. One thing to consider in retaining a lawyer outside the area wherein the matter occurs is cost of journey time. Some attorneys do not charge for travel, others offer a lowered rate or maintain a billable rate for all work conducted. Talk about that question with each lawyer consulted.
2. QUESTION: How may I make certain my attorney is working on my problems?
ANSWER: Every good lawyer keeps track of his time (fees) and expenditures (costs). Your retainer agreement should include a statement of how the attorney bills his clients - up front, 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 available, you're wise to periodically review the docket and see what events have occurred by your attorney and the other party/counsel. Also feel comfortable getting in touch with your attorney at intervals to learn the status of the issue, knowing you'll likely be billed for these communications.
3. QUESTION: Just how do I pick an attorney or lawyer?
ANSWER: Legal concerns are as vast as those in other sectors, such as medicine, construction, finance, etc. and usually are just as perplexing. To safeguard your legal rights and remedies, the ideal practice would be to research your area of need and research what law firms are around to assist you. A recommendation from someone you know and admire can bring a personal element to the decision to hire an attorney but should not be the only reason counsel is picked. Look into the attorney's background of education, experience and area(s) of practice. Asking questions should be encouraged in this process. Self-help could be empowering but may also reduce or negate your recovery. Hiring a legal professional should be contemplated with the same level of thought and consideration as that given to the selection of a physician, accountant, financial advisor or therapist.
4. QUESTION: How do I determine if I require a legal professional?
ANSWER: If you have been served with a Summons and associated documents (Complaint, Petition, Motion), you should really endeavor to seek legal assistance without delay. Documents filed in court that commence a lawsuit call for responses that involve exact deadlines; missing out on those deadlines could compromise your defense, limit or avoid your recovery. Some issues by statute involve a "pre-suit" period of time that enable 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.
5. QUESTION: Exactly what is mediation?
ANSWER: Mediation is a course of action whereby the parties to the case present at an agreed location with their counsel (if retained) and a selected mediator to try and resolve all or some of the problems involved. Mediators are to be unrelated to all parties and the litigation at issue, are to remain impartial between the parties and their lawyer, and continue maintaining the confidential nature of the conference to encourage settlement and resolution. Usually the parties share the charge of the mediation evenly but other arrangements might be made if all parties are in agreement in advance of the conference. Mediation is usually required in every case filed in court and before a trial is held.
6. QUESTION: What type of law firm do I need?
ANSWER: Again, like other sectors, attorneys may specialize in a certain or more than one area. Similarly, law firms may specialize, offer general legal needs or offer services in a few unique areas of law. Trial lawyers deal with cases involving lawsuits; family law attorneys handle divorce cases, 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, such as worker's compensation. Any lawyer can discuss your specific issue, determine if he or she is qualified to take care of such matters or advise you of the necessity to speak with another in a specialized area.
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