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You Make These Divorce Lawyer Mistakes?

In the event that you haven't before now, chances are that sometime in your lifetime you will have to retain an attorney at law. Thanks to my interview with Tampa Lawyer Christina Mesa, this is a list of answers to common as well as important questions.

1. QUESTION: How do I know if I require a lawyer?
ANSWER: If you have recently been served with a Summons and associated documents (Complaint, Petition, Motion), you really should endeavor to look for legal assistance right away. Papers filed in court that commence a lawsuit call for responses that involve specific deadlines; missing those deadlines could damage your defense, reduce or avoid your recovery. Some issues by statute involve a "pre-suit" period of time that enable you to think about the legal issues and potential resolution before a suit is filed. Similarly, seeking a lawyer as quickly as possible is recommended.

2. QUESTION: Do I need to hire an attorney in the county where the issue occurs?
ANSWER: No. Many lawyers or attorneys practice in other counties and other states, depending on their licensure for the latter. Having experience in the county wherein the matter is being litigated is essential as that lawyer will have a comfort level with the neighborhood courthouse personnel, attorneys (likely opposing counsel) and judges. One consideration in retaining an attorney away from area in which the matter takes place is cost of journey time. Some lawyers don't charge for travel, others give you a reduced rate or preserve a billable rate for all work conducted. Clarify that question with each lawyer consulted.

3. QUESTION: Precisely what is mediation?
ANSWER: Mediation is a course of action whereby the parties to the matter present at an agreed site with their counsel (if retained) and a chosen mediator to try and solve all or a number of the concerns involved. Mediators are to be unrelated to all participants and the litigation at issue, are to stay impartial amongst the parties and their lawyer, and maintain the confidential nature of the conference to recommend settlement and resolution. Usually 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 usually required in every case filed in court and prior to a trial is held.

4. QUESTION: What type of attorney at law do I need?
ANSWER: Again, like other industries, attorneys may specialise in a specific or more than one area. Similarly, law offices may specialize, provide general legal needs or offer you services in several specific areas of law. Trial lawyers deal with cases involving lawsuits; family law attorneys handle divorce, child custody/visitation, child support, alimony and associated matters; general practitioners handle nearly all matters. Some areas of law are very complex, like bankruptcy or taxation; others are delineated by statute, such as worker's compensation. Any lawyer can go over your particular issue, determine if he or she is qualified to take care of such matters or advise you of the necessity to speak with another in a specialised area.

5. QUESTION: How may I be certain my lawyer is resolving my problems?
ANSWER: Every good attorney keeps track of his time (fees) and expenses (costs). Your retainer agreement should include a confirmation of how the attorney bills his clients - month-to-month, quarterly, etc. You may even track your case in some jurisidictions that supply on-line access to case dockets. If the county has that set up, you're wise to occasionally review the docket and see what events have transpired by your counsel and the other party/counsel. It's also advisable to feel comfortable contacting your attorney at intervals to learn the status of the matter, understanding you will likely be charged for these communications.

6. QUESTION: Exactly how do I select an attorney at law?
ANSWER: Legal subjects are as vast as those in other industries, such as medicine, construction, finance, etc. and can be just as complex. To safeguard your legal rights and remedies, the ideal practice would be to research your area of need and research what lawyers are accessible to work with you. A referral from somebody you know and regard can bring a personal element to the consideration to hire an attorney but should not be the only reason counsel is selected. Research the attorney's background of education, experience and area(s) of practice. Asking a lot of questions should be urged in this process. Self-help could be empowering but can also restrict or negate your recovery. Hiring a lawyer should be considered with exactly the same level of thought and consideration as that directed at the pick of a medical professional, accountant, financial advisor or therapist.

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