Why Have A Divorce Lawyer

In the case you haven't by now, chances are that sometime in your lifetime you'll need to retain a lawyer. Thanks to my consultation with Tampa Attorney Christina Mesa, this is a group of answers to popular and important questions.

1. QUESTION: Do I have to hire an attorney or lawyer in the county where the issue 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 lawyer will have a level of comfort with the community courthouse personnel, attorneys (likely opposing counsel) and judges. One consideration in hiring legal counsel away from area in which the matter takes place is cost of journey time. Some lawyers do not charge for travel, others offer a lowered rate or preserve a billable rate for all work conducted. Discuss that question with each lawyer consulted.

2. QUESTION: How will I be certain my lawyer is working on my issues?
ANSWER: Every good attorney accounts for his time (fees) and expenses (costs). Your retainer contract should include a statement of how the attorney bills his clients - once a month, quarterly, etc. You can also keep track of your case in some jurisidictions that offer on-line accessibility to case dockets. If the county has that set up, you're wise to routinely review the docket and see what activities have occurred by your attorney and the other party/counsel. It's also advisable to feel at ease contacting your lawyer at intervals to ascertain the status of the matter, knowing you'll likely be billed for these interactions.

3. QUESTION: Exactly how do I select an attorney at law?
ANSWER: Legal topics are as vast as those in other industries, such as medicine, construction, finance, etc. and might be just as complicated. To protect your rights and remedies, the very best practice is to investigate your area of need and research what attorneys are out there to help you. A referral from somebody you know and admire can add a personal element to the plan to hire an attorney but shouldn't be the only reason counsel is chosen. Research the attorney's background of schooling, practical experience and area(s) of practice. Asking a lot of questions should be urged in this process. Self-help could be empowering but may also reduce or negate your recovery. Hiring a lawyer should be considered with exactly the same level of thought and consideration as that given to the selection of a doctor, accountant, financial advisor or therapist.

4. QUESTION: How do I know if I require a lawyer or attorney?
ANSWER: If you have already been served with a Summons and comparable documents (Complaint, Petition, Motion), you should endeavor to look for legal advice immediately. Papers filed in court that commence a lawsuit require responses that involve particular deadlines; missing those deadlines could compromise your defense, reduce or avoid your recovery. Some concerns by statute involve a "pre-suit" time period that enable you to think about the legal issues and potential resolution before a lawsuit is filed. Similarly, seeking a lawyer at the earliest opportunity is recommended.

5. QUESTION: Precisely what is mediation?
ANSWER: Mediation is a process whereby the parties to the matter present at an agreed place with their counsel (if retained) and a decided on mediator to try and solve all or a number of the concerns involved. Mediators should be unrelated to all participants and the litigation at issue, are to stay impartial between the parties and their lawyer, and maintain the confidential aspect of the conference to encourage settlement and resolution. Usually the parties share the fee of the mediation evenly but other arrangements might be made if all parties are in agreement ahead of the conference. Mediation is normally 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 businesses, attorneys may specialise in a specific or more than one area. Similarly, law firms may specialize, offer general legal needs or provide services in a few specific 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, such as worker's compensation. Any lawyer should be able to talk about your specific issue, determine if he or she is prepared to handle such matters or inform you of the need to consult with another in a specialized area.

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