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If you have not already, probably sometime in a lifetime you will want to retain the services of legal counsel. With the help of my consultation with Tampa Lawyer Christina Mesa, below is a listing of answers to frequent and worthwhile questions.
1. QUESTION: Do I want to hire an attorney at law in the county where the case occurs?
ANSWER: No. Many lawyers practice in other jurisdictions and other states, based on their licensure for the latter. Having experience in the county in which the matter will be litigated is important as that lawyer will have a level of comfort with the local courthouse personnel, lawyers (likely opposing lawyer) and judges. One matter in hiring an attorney outside the area wherein the matter occurs is cost of travel time. Some lawyers do not charge for travel, others give you a lowered rate or preserve a billable rate for all work conducted. Talk about that question with each lawyer consulted.
2. QUESTION: How may I make certain my lawyer is working on my problems?
ANSWER: Every good lawyer monitors his time (fees) and expenses (costs). Your retainer contract should include a affirmation of how the attorney bills his clients - in advancemonthly, quarterly, etc. You can also track your case in some jurisidictions that provide on-line accessibility to case dockets. If the county has that set up, you are wise to periodically review the docket and see what activities have taken place by your counsel and the other party/counsel. You should also feel at ease getting in contact with your attorney at intervals to determine the status of the matter, understanding you will likely be charged for these communications.
3. QUESTION: Exactly how do I select an attorney or lawyer?
ANSWER: Legal concerns are as vast as those in other industries, such as medicine, construction, finance, etc. and are often just as perplexing. To safeguard your rights and remedies, the very best practice is to study your area of need and research what attorneys are available to work with you. A recommendation from somebody you know and admire can bring a personal element to the consideration to hire an attorney but should not be the sole reason counsel is chosen. Research the lawyer's background of schooling, experience and area(s) of practice. Asking questions should be urged in this process. Self-help could be empowering but may also limit or negate your recovery. Hiring a law firm should be considered with the same level of thought and consideration as that directed at the selection of a medical doctor, accountant, financial expert or therapist.
4. QUESTION: How do I determine if I will need a lawyer or attorney?
ANSWER: If you have already been served with a Summons and comparable documents (Complaint, Petition, Motion), you should endeavor to seek legal assistance immediately. Documents filed in court that begin a lawsuit require responses that involve particular deadlines; missing those deadlines could damage your defense, limit or avoid your recovery. Some issues by statute involve a "pre-suit" period of time that allow you to think about the legal issues and probable resolution before a suit is filed. Similarly, seeking legal counsel as soon as possible is advised.
5. QUESTION: Precisely what is mediation?
ANSWER: Mediation is a course of action whereby the parties to the matter present at an agreed location with their counsel (if retained) and a chosen mediator to try and resolve all or some of the problems involved. Mediators should be unrelated to all parties and the litigation at issue, are to remain impartial in between the parties and their lawyer, and maintain the confidential aspect of the conference to encourage settlement and resolution. Generally the parties share the cost of the mediation evenly but other arrangements may be made if all parties are in agreement in advance of the conference. Mediation is normally required in every case filed in court and just before a trial is held.
6. QUESTION: What type of lawyer do I need?
ANSWER: Again, like other industries, attorneys may specialise in a certain or more than one area. Similarly, law firms may specialize, provide general legal needs or provide services in several unique areas of law. Trial lawyers deal with cases involving lawsuits; family law lawyers handle separation and divorce, child custody/visitation, child support, alimony and associated matters; general practitioners handle nearly all matters. Some areas of law are extremely complex, 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 need to consult with another in a specialised area.
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