You Make These Divorce Lawyer Mistakes?

Crée par
16 septembre 2018

If you haven’t by now, chances are that sometime in your own lifetime you will need to seek the services of a lawyer. Thanks to my consultation with Tampa Lawyer Christina Mesa, here is a variety of answers to frequent as well as imperative questions.

1. QUESTION: Do I want to hire an attorney or lawyer in the county where the problem occurs?
ANSWER: No. Many attorneys practice in other jurisdictions and other states, depending on their licensure for the latter. Having experience in the county in which the matter will be litigated is essential as that attorney will have a comfort level with the county courthouse personnel, attorneys (likely opposing lawyer) and judges. One consideration in hiring a lawyer away from area wherein the matter takes place is cost of travel time. Some attorneys don’t charge for travel, others offer a reduced rate or preserve a billable rate for all work performed. Talk about that question with each lawyer consulted.

2. QUESTION: How can I make certain my attorney is handling my problems?
ANSWER: Every good lawyer accounts for his time (fees) and expenses (costs). Your retainer agreement should include a statement of how the lawyer bills his clients – in advancemonthly, quarterly, etc. You may even track your case in some jurisidictions that supply on-line accessibility to case dockets. If the county has that available, you are wise to occasionally review the docket and see what activities have transpired by your lawyer and the other party/counsel. It’s also advisable to feel at ease contacting your attorney at intervals to determine the status of the issue, knowing you will likely be charged for these interactions.

3. QUESTION: Precisely how do I select an attorney?
ANSWER: Legal problems are as vast as those in other sectors, such as medicine, construction, finance, etc. and might be just as complicated. To protect your rights and remedies, the ideal practice would be to investigate your area of need and research what legal professionals are accessible to help you. A referral from someone you know and regard can bring a personal element to the consideration to hire an lawyer but shouldn’t be the sole reason counsel is picked. Look into the lawyer’s background of education, practical experience and area(s) of practice. Asking basic questions should be encouraged in this process. Self-help can be strengthening but may also reduce or negate your recovery. Hiring a lawyer should be contemplated with the exact same level of thought and consideration as that directed at the pick of a physician, accountant, financial specialist or therapist.

4. QUESTION: How do I determine if I will need a lawyer?
ANSWER: If you have already been served with a Summons and comparable documents (Complaint, Petition, Motion), you really should endeavor to look for legal assistance now. Documents filed in court that commence a lawsuit require responses that involve exact deadlines; missing those deadlines could compromise your defense, reduce or avoid your recovery. Some concerns by statute involve a « pre-suit » period of time that enable you to consider the legal issues and potential resolution before a suit is filed. Similarly, seeking legal counsel at the earliest opportunity is advised.

5. QUESTION: What is mediation?
ANSWER: Mediation is a course of action whereby the parties to the case present at an agreed location with their counsel (if retained) and a selected mediator to try and solve all or some of the problems involved. Mediators should be unrelated to all parties and the litigation at issue, are to stay impartial between the parties and their lawyer, and continue maintaining the confidential structure of the conference to inspire settlement and resolution. Typically the parties share the charge of the mediation equally but other arrangements can be made if all parties are in agreement ahead of the conference. Mediation is usually required in 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 businesses, attorneys may specialize in a specific or more than one area. Similarly, law firms may specialize, offer general legal needs or offer you services in a few precise 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 very specialized, like bankruptcy or taxation; some are delineated by statute, like worker’s compensation. Any attorney can talk about your particular issue, determine if he/she is prepared to handle such matters or inform you of the necessity to speak with another in a specialised area.

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