What Divorce Lawyer Experts Don t Want You To Know
From EjWiki
In the instance that you haven't already, probably sometime in your own lifetime you will need to retain legal counsel. Thanks to my discussion with Tampa Lawyer Christina Mesa, below is a variety of answers to very common and imperative questions.
1. QUESTION: Do I need to hire an attorney in the county where the case occurs?
ANSWER: No. Many lawyers practice in other counties and other states, based on their licensure for the latter. Having knowledge in the county wherein the matter is being litigated is important as that attorney will have a level of comfort with the local courthouse personnel, lawyers (likely opposing lawyer) and judges. One consideration in retaining legal counsel away from area wherein the matter takes place is cost of journey time. Some lawyers don't charge for travel, others give you a decreased rate or maintain a billable rate for all work carried out. Clarify that question with each attorney consulted.
2. QUESTION: How may I be certain my lawyer is handling my case?
ANSWER: Every good lawyer keeps track of his time (fees) and expenses (costs). Your retainer agreement 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 available, you are wise to periodically review the docket and see what activities have taken place by your attorney and the other party/counsel. In addition feel comfortable contacting your lawyer at intervals to learn the status of the matter, knowing you'll likely be charged for these communications.
3. QUESTION: How do I select an attorney or lawyer?
ANSWER: Legal matters are as vast as those in other sectors, such as medicine, construction, finance, etc. and usually are just as complex. To safeguard your rights and remedies, the ideal practice would be to investigate your area of need and research what lawyers are out there to help you. A recommendation from someone you know and regard can bring a personal element to the plan to hire an law firm but should not be the only reason counsel is picked. Research the attorney's background of schooling, expertise and area(s) of practice. Asking basic questions should be urged in this process. Self-help can be empowering but may also limit or negate your recovery. Hiring a legal professional should be considered with the exact same degree of thought and consideration as that given to the pick of a doctor, accountant, financial specialist or therapist.
4. QUESTION: How do I determine if I will need a legal professional?
ANSWER: If you have been recently served with a Summons and comparable documents (Complaint, Petition, Motion), you really should endeavor to seek legal guidance immediately. Papers filed in court that commence a lawsuit call for responses that involve specific deadlines; skipping those deadlines could damage your defense, limit or avoid your recovery. Some matters by statute involve a "pre-suit" period that enable you to take into account the legal issues and probable resolution before a suit is filed. Similarly, seeking a lawyer as soon as possible 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 selected mediator to try and solve all or a number of the issues involved. Mediators should be unrelated to all parties and the litigation at issue, are to stay impartial in between the parties and their counsel, and continue maintaining the confidential structure of the conference to recommend settlement and resolution. Typically the parties share the fee of the mediation equally but other arrangements might be made if all parties are in agreement ahead of the conference. Mediation is usually required in just about every case filed in court and just before a trial is held.
6. QUESTION: What kind of law firm do I need?
ANSWER: Again, like other industries, lawyers may concentrate in a certain or more than one area. Similarly, law offices may specialize, offer general legal needs or offer services in a few precise areas of law. Trial attorneys deal with cases involving lawsuits; family law attorneys handle separation and divorce, child custody/visitation, child support, alimony and associated matters; general practitioners handle most matters. Some areas of law are extremely technical, like bankruptcy or taxation; others are delineated by statute, as in worker's compensation. Any lawyer should be able to talk about your particular issue, determine if he or she is prepared to handle such matters or inform you of the necessity to consult with another in a specialized area.
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