What You Don t Know About Divorce Lawyers Could Be Costing More Than You Think
In the case you haven't already, probably sometime in your lifetime you'll have to hire an attorney at law. Thanks to my consultation with Tampa Attorney Christina Mesa, what follows is a listing of answers to typical along with worthwhile questions.
1. QUESTION: Do I have to hire an attorney or lawyer in the county where the problem occurs?
ANSWER: No. Many lawyers or attorneys practice in other jurisdictions 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 local courthouse personnel, attorneys (likely opposing counsel) and judges. One matter in retaining an attorney away from area wherein the matter takes place is cost of travel time. Some lawyers do not charge for travel, others offer a decreased rate or maintain a billable rate for all work conducted. Talk about that question with each attorney consulted.
2. QUESTION: How may I be sure my lawyer is handling my issues?
ANSWER: Every good lawyer monitors his time (fees) and expenditures (costs). Your retainer arrangement should include a statement of how the attorney bills his clients - month-to-month, quarterly, etc. You may also track your case in some jurisidictions that offer on-line access to case dockets. If the county has that available, you are wise to routinely review the docket and see what activities have transpired by your attorney and the other party/counsel. You should also feel comfortable getting in touch with your lawyer at intervals to learn the status of the matter, knowing you will likely be charged for these interactions.
3. QUESTION: Exactly how do I pick an attorney or lawyer?
ANSWER: Legal subjects are as vast as those in other industries, such as medicine, construction, finance, etc. and may be just as complex. To safeguard your rights and remedies, the very best practice is to study your area of need and research what law firms are around to assist you. A referral from somebody you know and admire can add a personal element to the consideration to hire an law firm but really should not be the sole reason counsel is chosen. Look into the attorney's background of schooling, practical experience and area(s) of practice. Asking questions should be urged in this process. Self-help can be strengthening but may also limit or negate your recovery. Hiring a lawyer should be considered with the same degree of thought and consideration as that given to the choice of a medical doctor, accountant, financial consultant or therapist.
4. QUESTION: How do I determine if I need a lawyer?
ANSWER: If you have recently been served with a Summons and related documents (Complaint, Petition, Motion), you should really endeavor to find legal advice immediately. Papers filed in court that begin a lawsuit require responses that involve specific deadlines; missing those deadlines could compromise your defense, reduce or avoid your recovery. Some issues 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 legal counsel 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 chosen mediator to try and solve all or some of the problems involved. Mediators need to be unrelated to all parties and the litigation at issue, are to remain impartial in between the parties and their counsel, and maintain the confidential aspect of the conference to encourage settlement and resolution. Generally the parties share the fee 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 every case filed in court and just before a trial is held.
6. QUESTION: What type of law firm do I need?
ANSWER: Again, like other industries, lawyers may concentrate in a certain or more than one area. Similarly, law firms may specialize, offer general legal needs or offer services in several unique areas of law. Trial lawyers deal with 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 specialized, like bankruptcy or taxation; others are delineated by statute, as in worker's compensation. Any lawyer can talk about your particular issue, determine if he or she is qualified to take care of such matters or inform you of the necessity to consult with another in a specialized area.
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