Why Almost Everything You ve Learned About Divorce Lawyers Is Wrong And What You Should Know

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If you haven't before now, chances are that sometime in your life you'll have to retain legal counsel. With the help of my consultation with Tampa Attorney Christina Mesa, listed here is a number of responses to very common and important questions.

1. QUESTION: Do I have to hire an attorney or lawyer in the county where the problem 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 lawyer will have a level of comfort with the local courthouse personnel, attorneys (likely opposing lawyer) and judges. One consideration in hiring legal counsel away from area wherein the matter occurs is cost of journey time. Some lawyers don't charge for travel, others offer a reduced rate or maintain a billable rate for all work performed. Discuss that question with each lawyer consulted.

2. QUESTION: How am I able to be certain my lawyer is resolving my issues?
ANSWER: Every good attorney keeps track of his time (fees) and expenses (costs). Your retainer contract should include a affirmation of how the attorney bills his clients - in advancemonthly, 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 are wise to occasionally review the docket and see what events 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 will likely be billed for these interactions.

3. QUESTION: Exactly how do I pick an attorney?
ANSWER: Legal troubles are as vast as those in other industries, such as medicine, construction, finance, etc. and usually are just as complex. To safeguard your rights and remedies, the ideal practice would be to research your area of need and research what law firms are around to work with you. A recommendation from someone you know and respect can add a personal element to the decision to hire an attorney but shouldn't be the singular reason counsel is selected. Research the attorney's background of training, expertise and area(s) of practice. Asking a lot of questions should be urged in this process. Self-help can be empowering but may also limit or negate your recovery. Hiring a law firm should be contemplated with exactly the same level of thought and consideration as that directed at the pick of a medical doctor, accountant, financial consultant or therapist.

4. QUESTION: How do I determine if I require a lawyer?
ANSWER: If you have been recently served with a Summons and similar documents (Complaint, Petition, Motion), you should endeavor to find legal assistance now. Papers filed in court that commence a lawsuit call for responses that involve specific deadlines; missing out on those deadlines could compromise your defense, limit or avoid your recovery. Some matters by statute involve a "pre-suit" time period that allow you to consider the legal issues and possible resolution before a suit is filed. Similarly, seeking legal counsel as soon as possible is advised.

5. QUESTION: What is mediation?
ANSWER: Mediation is a process whereby the parties to the case present at an agreed local with their counsel (if retained) and a selected mediator to try and resolve all or a number of the issues involved. Mediators are to be unrelated to all participants and the litigation at issue, are to stay impartial amongst the parties and their lawyer, and continue maintaining the confidential structure of the conference to encourage settlement and resolution. Typically the parties share the cost of the mediation equally but other arrangements might be made if all parties are in agreement in advance of the conference. Mediation is typically required in every case filed in court and just before a trial is held.

6. QUESTION: What type of lawyer do I need?
ANSWER: Again, like other industries, lawyers may concentrate in a specific 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 cases, child custody/visitation, child support, alimony and associated matters; general practitioners handle almost all matters. Some areas of law are extremely technical, like bankruptcy or taxation; some are delineated by statute, as in worker's compensation. Any attorney should be able to discuss your particular issue, determine if he/she is qualified to handle such matters or inform you of the need to speak with another in a specialised area.

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