You Make These Divorce Lawyer Mistakes

Assuming you haven't before now, probably sometime in your lifetime you will need to retain a lawyer. With the help of my consultation with Tampa Attorney Christina Mesa, here's a listing of responses to basic and fundamental questions.

1. QUESTION: Do I want to hire an attorney in the county where the problem occurs?
ANSWER: No. Many lawyers or attorneys 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 important as that attorney will have a level of comfort with the local courthouse personnel, lawyers (likely opposing lawyer) and judges. One matter in retaining a lawyer away from area wherein the matter takes place is cost of journey time. Some attorneys do not charge for travel, others give you a reduced rate or preserve a billable rate for all work conducted. Talk about that question with each lawyer consulted.

2. QUESTION: How may I make certain my lawyer is resolving my case?
ANSWER: Every good attorney monitors his time (fees) and expenditures (costs). Your retainer contract should include a affirmation of how the attorney bills his clients - month-to-month, quarterly, etc. You may also 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 occasionally review the docket and see what changes have taken place by your attorney and the other party/counsel. You should also feel comfortable getting in contact with your attorney at intervals to determine the status of the issue, understanding you will likely be charged for these interactions.

3. QUESTION: Just how do I pick an attorney?
ANSWER: Legal subjects are as vast as those in other sectors, such as medicine, construction, finance, etc. and may be just as perplexing. To safeguard your legal rights and remedies, the best practice would be to investigate your area of need and research what lawyers are out there to help you. A recommendation from someone you know and admire can add a personal element to the decision to hire an law firm but should not be the sole reason counsel is selected. Research the attorney's background of training, experience and area(s) of practice. Asking a lot of questions should be encouraged in this process. Self-help could be empowering but can also restrict or negate your recovery. Hiring a legal professional should be contemplated with the exact same degree of thought and consideration as that directed at the choice of a medical professional, accountant, financial consultant or therapist.

4. QUESTION: How do I know if I need a lawyer or attorney?
ANSWER: If you have been recently served with a Summons and associated documents (Complaint, Petition, Motion), you really should endeavor to look for legal advice now. Documents filed in court that commence a lawsuit call for responses that involve particular deadlines; missing out on those deadlines could compromise your defense, restrict or avoid your recovery. Some matters by statute involve a "pre-suit" period of time that allow you to take into account the legal issues and possible resolution before a suit is filed. Similarly, seeking legal counsel at the earliest opportunity is advised.

5. QUESTION: What exactly 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 selected mediator to try and resolve all or some of the issues involved. Mediators should be unrelated to all parties and the litigation at issue, are to stay impartial amongst the parties and their counsel, and continue maintaining the confidential structure of the conference to recommend settlement and resolution. Usually the parties share the charge of the mediation evenly but other arrangements may be made if all parties are in agreement ahead 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 sectors, lawyers may concentrate in a certain or more than one area. Similarly, law offices may specialize, offer general legal needs or offer services in a few unique 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 nearly all matters. Some areas of law are very complex, like bankruptcy or taxation; some are delineated by statute, as in worker's compensation. Any lawyer should be able to discuss your specific issue, determine if he/she is prepared to take care of such matters or inform you of the necessity to speak with another in a specialized area.

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