If perhaps you have not previously, probably sometime in a lifetime you will need to seek the services of a lawyer. Thanks to my consultation with Tampa Lawyer Christina Mesa, what follows is a listing of answers to very common along with fundamental questions.
1. QUESTION: Do I need to hire an attorney in the county where the issue occurs?
ANSWER: No. Many lawyers practice in other jurisdictions and other states, depending on their licensure for the latter. Having knowledge in the county in which the matter will be litigated is essential as that attorney will have a level of comfort with the community courthouse personnel, lawyers (likely opposing lawyer) and judges. One thing to consider in retaining a lawyer away from area in which the matter occurs is cost of journey time. Some attorneys don’t charge for travel, others offer a lowered rate or preserve a billable rate for all work conducted. Clarify that question with each lawyer consulted.
2. QUESTION: How am I able to make sure my attorney is working on my issues?
ANSWER: Every good attorney monitors his time (fees) and expenditures (costs). Your retainer agreement should include a confirmation of how the lawyer bills his clients – in advancemonthly, quarterly, etc. You may even track your case in some jurisidictions that provide on-line access to case dockets. If the county has that established, you are wise to routinely review the docket and see what changes have taken place by your counsel and the other party/counsel. You should also feel at ease contacting your attorney at intervals to ascertain the status of the matter, understanding you will likely be charged for these interactions.
3. QUESTION: Precisely how do I pick an attorney at law?
ANSWER: Legal matters are as vast as those in other sectors, such as medicine, construction, finance, etc. and are often just as complex. To safeguard your rights and remedies, the ideal practice would be to research your area of need and research what legal professionals are available to work with you. A recommendation from someone you know and respect can add a personal element to the plan to hire an attorney but shouldn’t be the only reason counsel is picked. Look into the attorney’s background of training, practical experience and area(s) of practice. Asking basic questions should be urged in this process. Self-help can be strengthening but may also restrict or negate your recovery. Hiring a legal professional should be contemplated with exactly the same degree of thought and consideration as that given to the pick of a medical professional, accountant, financial advisor or therapist.
4. QUESTION: How do I know if I need a lawyer or attorney?
ANSWER: If you have been served with a Summons and associated documents (Complaint, Petition, Motion), you should really endeavor to find legal guidance without delay. Documents filed in court that begin a lawsuit call for responses that involve particular deadlines; skipping those deadlines could compromise your defense, restrict or avoid your recovery. Some concerns by statute involve a “pre-suit” period that allow you to take into account the legal issues and possible resolution before a lawsuit is filed. Similarly, seeking legal counsel immediately is recommended.
5. QUESTION: What exactly is mediation?
ANSWER: Mediation is a course of action whereby the parties to the matter present at an agreed place with their counsel (if retained) and a chosen mediator to try and solve all or some of the issues involved. Mediators need to be unrelated to all participants and the litigation at issue, are to stay impartial between the parties and their counsel, and maintain the confidential aspect of the conference to recommend settlement and resolution. Usually 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 typically required in just about every case filed in court and before a trial is held.
6. QUESTION: What type of attorney do I need?
ANSWER: Again, like other sectors, attorneys may specialize in a certain or more than one area. Similarly, law firms may specialize, offer general legal needs or offer you services in several specific areas of law. Trial lawyers deal with cases involving lawsuits; family law attorneys handle separation and divorce, child custody/visitation, child support, alimony and related matters; general practitioners handle most 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 talk about your particular issue, determine if he or she is prepared to handle such matters or advise you of the need to speak with another in a specialised area.
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