In the case you haven’t by now, probably sometime in your own lifetime you will have to employ legal counsel. Thanks to my discussion with Tampa Attorney Christina Mesa, below is a variety of answers to popular and important questions.
1. QUESTION: Just how do I select an attorney?
ANSWER: Legal difficulties are as vast as those in other industries, such as medicine, construction, finance, etc. and may be just as complex. To safeguard your rights and remedies, the very best practice would be to study your area of need and research what legal professionals are available to assist you. A recommendation from someone you know and respect can bring a personal element to the decision to hire an law firm but really should not be the exclusive reason counsel is chosen. Look into the lawyer's background of education, expertise and area(s) of practice. Asking a lot of questions should be encouraged in this process. Self-help could be empowering but may also reduce or negate your recovery. Hiring a lawyer should be contemplated with the same degree of thought and consideration as that given to the pick of a doctor, accountant, financial specialist or therapist.
2. QUESTION: How do I know if I need a lawyer?
ANSWER: If you have been recently served with a Summons and related documents (Complaint, Petition, Motion), you should really endeavor to look for legal advice immediately. Papers filed in court that begin a lawsuit call for responses that involve specific deadlines; missing those deadlines could compromise your defense, limit or avoid your recovery. Some matters by statute involve a "pre-suit" period that enable you to consider the legal issues and probable resolution before a lawsuit is filed. Similarly, seeking a lawyer as soon as possible is recommended.
3. QUESTION: What is mediation?
ANSWER: Mediation is a process whereby the parties to the matter present at an agreed location with their counsel (if retained) and a chosen mediator to try and solve all or some of the issues involved. Mediators are to be unrelated to all parties and the litigation at issue, are to remain impartial in between the parties and their lawyer, and continue maintaining the confidential aspect of the conference to recommend settlement and resolution. Typically the parties share the fee 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 prior to a trial is held.
4. QUESTION: What type of law firm do I need?
ANSWER: Again, like other businesses, lawyers may specialize in a specific or more than one area. Similarly, law firms may specialize, provide general legal needs or offer you services in a few unique areas of law. Trial lawyers handle cases involving lawsuits; family law lawyers handle divorce, child custody/visitation, child support, alimony and associated matters; general practitioners handle almost all matters. Some areas of law are very specialized, like bankruptcy or taxation; some are delineated by statute, as in worker's compensation. Any attorney should be able to talk about your specific issue, determine if he or she is qualified to handle such matters or inform you of the necessity to consult with another in a specialized area.
5. QUESTION: Do I need to hire an attorney in the county where the issue occurs?
ANSWER: No. Many attorneys practice in other counties and other states, based on their licensure for the latter. Having experience in the county in which the matter is being litigated is essential as that lawyer will have a level of comfort with the local courthouse personnel, attorneys (likely opposing counsel) and judges. One consideration in hiring a lawyer outside the area in which the matter takes place 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 carried out. Clarify that question with each lawyer consulted.
6. QUESTION: How am I able to be certain my lawyer is resolving my issues?
ANSWER: Every good attorney monitors his time (fees) and expenditures (costs). Your retainer agreement should include a affirmation of how the lawyer 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 are wise to occasionally review the docket and see what events have transpired by your counsel and the other party/counsel. You should also feel at ease getting in touch with your attorney at intervals to learn the status of the matter, understanding you'll likely be billed for these communications.
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