You Make These Divorce Lawyer Mistakes
In case you haven't before now, chances are that sometime in your own life you'll have to retain legal counsel. With the help of my consultation with Tampa Lawyer Christina Mesa, here's a variety of answers to popular along with fundamental questions.
1. QUESTION: How can I be certain my attorney is handling my issues?
ANSWER: Every good attorney accounts for his time (fees) and expenses (costs). Your retainer contract should include a statement of how the lawyer bills his clients - in advancemonthly, quarterly, etc. You may even track your case in some jurisidictions that provide on-line accessibility to case dockets. If the county has that established, you're wise to often review the docket and see what activities have transpired by your counsel and the other party/counsel. You should also feel comfortable contacting your lawyer at intervals to ascertain the status of the issue, understanding you'll likely be billed for these interactions.
2. QUESTION: Do I have to hire an attorney at law in the county where the case 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 is being litigated is essential 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 in which the matter occurs is cost of journey time. Some attorneys do not charge for travel, others offer a reduced rate or preserve a billable rate for all work carried out. Talk about that question with each attorney consulted.
3. QUESTION: How do I know if I will need a lawyer or attorney?
ANSWER: If you have recently been served with a Summons and similar documents (Complaint, Petition, Motion), you should endeavor to look for legal advice without delay. Documents filed in court that start a lawsuit call for responses that involve exact deadlines; skipping those deadlines could damage your defense, reduce or avoid your recovery. Some issues by statute involve a "pre-suit" period of time that allow you to take into account the legal issues and potential resolution before a lawsuit is filed. Similarly, seeking a lawyer as soon as possible is recommended.
4. QUESTION: What is mediation?
ANSWER: Mediation is a course of action whereby the parties to the case present at an agreed site with their counsel (if retained) and a selected mediator to try and resolve all or some of the concerns involved. Mediators should be unrelated to all participants and the litigation at issue, are to remain impartial between the parties and their counsel, and continue maintaining the confidential nature of the conference to encourage settlement and resolution. Generally the parties share the cost of the mediation evenly but other arrangements might be made if all parties are in agreement ahead of the conference. Mediation is generally required in just about every case filed in court and just before a trial is held.
5. QUESTION: What kind of legal professional do I need?
ANSWER: Again, like other industries, attorneys may specialise in a specific or more than one area. Similarly, law firms may specialize, offer general legal needs or offer you services in several precise areas of law. Trial lawyers handle 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 extremely technical, like bankruptcy or taxation; others are delineated by statute, like worker's compensation. Any attorney can go over your specific issue, determine if he/she is qualified to take care of such matters or inform you of the necessity to consult with another in a specialized area.
6. QUESTION: Exactly how do I pick an attorney or lawyer?
ANSWER: Legal topics are as vast as those in other sectors, such as medicine, construction, finance, etc. and are often just as complicated. To protect your legal rights and remedies, the very best practice is to research your area of need and research what lawyers are out there to assist you. A recommendation from somebody you know and regard can add a personal element to the decision to hire an attorney but should not be the exclusive reason counsel is selected. Look into the attorney's background of schooling, experience and area(s) of practice. Asking basic questions should be urged in this process. Self-help could be strengthening but can also limit or negate your recovery. Hiring a lawyer should be contemplated with exactly the same level of thought and consideration as that given to the pick of a doctor, accountant, financial specialist or therapist.
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