You Make These Divorce Lawyer Mistakes

In case you haven't previously, probably sometime in your own life you will have to employ an attorney at law. Thanks to my interview with Tampa Attorney Christina Mesa, what follows is a number of responses to very common along with important questions.

1. QUESTION: Do I need to hire an attorney or lawyer in the county where the case occurs?
ANSWER: No. Many lawyers or attorneys practice in other counties and other states, based 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 comfort level with the community courthouse personnel, attorneys (likely opposing counsel) and judges. One matter in hiring an attorney outside the area wherein the matter takes place is cost of journey time. Some attorneys do not charge for travel, others give you a lowered rate or maintain a billable rate for all work carried out. Clarify that question with each attorney consulted.

2. QUESTION: How will I be sure my attorney is working on my problems?
ANSWER: Every good attorney accounts for his time (fees) and expenditures (costs). Your retainer arrangement should include a statement of how the attorney bills his clients - in advancemonthly, quarterly, etc. You may even track your case in some jurisidictions that offer on-line access to case dockets. If the county has that available, you're wise to periodically review the docket and see what activities have transpired by your counsel and the other party/counsel. You should also feel at ease contacting your lawyer at intervals to ascertain the status of the matter, knowing you'll likely be charged for these communications.

3. QUESTION: How do I pick an attorney at law?
ANSWER: Legal issues are as vast as those in other industries, such as medicine, construction, finance, etc. and might be just as perplexing. To safeguard your rights and remedies, the ideal practice would be to investigate your area of need and research what legal professionals are out there to help you. A recommendation from someone you know and regard can bring a personal element to the consideration to hire an lawyer but shouldn't be the exclusive reason counsel is chosen. Research the attorney's background of training, experience and area(s) of practice. Asking questions should be encouraged in this process. Self-help can be strengthening but can also reduce or negate your recovery. Hiring a lawyer should be contemplated with the exact same level of thought and consideration as that given to the pick of a medical professional, accountant, financial specialist or therapist.

4. QUESTION: How do I determine if I need a legal professional?
ANSWER: If you have recently been served with a Summons and associated documents (Complaint, Petition, Motion), you should really endeavor to seek out legal guidance without delay. Papers filed in court that start a lawsuit require responses that involve particular deadlines; missing those deadlines could compromise your defense, limit or avoid your recovery. Some concerns by statute involve a "pre-suit" period that enable you to consider the legal issues and potential resolution before a suit is filed. Similarly, seeking legal counsel immediately is advised.

5. QUESTION: What exactly is mediation?
ANSWER: Mediation is a course of action whereby the parties to the case present at an agreed place 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 stay impartial in between the parties and their counsel, and maintain the confidential structure of the conference to inspire settlement and resolution. Typically the parties share the cost of the mediation evenly but other arrangements can 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 prior to a trial is held.

6. QUESTION: What type of attorney do I need?
ANSWER: Again, like other businesses, attorneys may concentrate in a certain or more than one area. Similarly, law firms may specialize, provide general legal needs or offer services in several precise areas of law. Trial lawyers deal with cases involving lawsuits; family law attorneys handle divorce cases, child custody/visitation, child support, alimony and related matters; general practitioners handle most matters. Some areas of law are very technical, like bankruptcy or taxation; others are delineated by statute, like worker's compensation. Any lawyer can go over your specific issue, determine if he or she is qualified to take care of such matters or advise you of the necessity to speak with another in a specialised area.

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