Do You Need A Divorce Lawyer
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In the event that you have not previously, chances are that sometime in your life you'll need to retain legal counsel. With the help of my consultation with Tampa Lawyer Christina Mesa, this is a group of responses to typical as well as important questions.
1. QUESTION: How may I make certain my attorney is working on my case?
ANSWER: Every good attorney monitors his time (fees) and expenditures (costs). Your retainer arrangement should include a confirmation of how the lawyer bills his clients - up front, quarterly, etc. You may even track your case in some jurisidictions that offer on-line accessibility to case dockets. If the county has that established, you're wise to periodically review the docket and see what events have transpired by your lawyer and the other party/counsel. It's also advisable to feel at ease getting in contact with your attorney at intervals to learn the status of the issue, knowing you'll likely be charged for these interactions.
2. QUESTION: Do I have to hire an attorney in the county where the case occurs?
ANSWER: No. Many lawyers or attorneys practice in other jurisdictions and other states, based on their licensure for the latter. Having experience in the county wherein the matter will be litigated is crucial as that lawyer will have a comfort level with the neighborhood courthouse personnel, attorneys (likely opposing lawyer) and judges. One consideration in retaining legal counsel away from area in which the matter occurs is cost of travel time. Some attorneys don't charge for travel, others give you a decreased rate or preserve a billable rate for all work performed. Clarify that question with each attorney consulted.
3. QUESTION: How do I know if I need a lawyer?
ANSWER: If you have already been served with a Summons and comparable documents (Complaint, Petition, Motion), you really should endeavor to seek out legal advice right away. Documents filed in court that commence a lawsuit necessitate responses that involve particular deadlines; missing out on those deadlines could compromise your defense, limit or avoid your recovery. Some issues by statute involve a "pre-suit" period that allow you to take into account the legal issues and probable resolution before a suit is filed. Similarly, seeking a lawyer immediately is advised.
4. QUESTION: What exactly is mediation?
ANSWER: Mediation is a course of action whereby the parties to the matter present at an agreed local with their counsel (if retained) and a chosen mediator to try and resolve all or some of the concerns involved. Mediators need to be unrelated to all parties and the litigation at issue, are to stay impartial amongst the parties and their lawyer, and maintain the confidential aspect of the conference to inspire settlement and resolution. Typically the parties share the cost 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.
5. QUESTION: What kind of legal professional do I need?
ANSWER: Again, like other industries, attorneys may specialize in a specific 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 lawyers handle divorce cases, child custody/visitation, child support, alimony and related matters; general practitioners handle nearly all matters. Some areas of law are extremely complex, like bankruptcy or taxation; others are delineated by statute, such as worker's compensation. Any attorney can go over your particular issue, determine if he/she is prepared to take care of such matters or advise you of the necessity to consult with another in a specialized area.
6. QUESTION: Precisely how do I pick an attorney?
ANSWER: Legal issues are as vast as those in other industries, such as medicine, construction, finance, etc. and are generally just as complex. To safeguard your legal rights and remedies, the very best practice would be to investigate your area of need and research what lawyers are out there to help you. A recommendation from somebody you know and admire can add a personal element to the consideration to hire an attorney but shouldn't be the singular reason counsel is picked. Research the lawyer's background of education, experience and area(s) of practice. Asking a lot of questions should be encouraged in this process. Self-help could be empowering but may also restrict or negate your recovery. Hiring a legal professional should be contemplated with exactly the same level of thought and consideration as that directed at the choice of a medical doctor, accountant, financial expert or therapist.
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