Know This Prior To Hiring An Attorney-Top Questions And Answers
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By: XOUP
Added: 05-07-14
- In the case you haven’t by now, probably sometime in your lifetime you will want to retain the services of an attorney. Thanks to my discussion with Tampa Lawyer Christina Mesa, what follows is a number of answers to very common along with fundamental questions.
1. QUESTION: How do I select an attorney or lawyer?
ANSWER: Legal concerns are as vast as those in other sectors, such as medicine, construction, finance, etc. and might be just as complex. To protect your rights and remedies, the best practice would be to investigate your area of need and research what law firms are accessible to assist you. A referral from someone you know and respect can add a personal element to the plan to hire an attorney but really should not be the exclusive reason counsel is picked. Look into the attorney's background of education, practical experience and area(s) of practice. Asking basic questions should be urged in this process. Self-help can be strengthening but may also limit or negate your recovery. Hiring a law firm should be contemplated with exactly the same level of thought and consideration as that given to the pick of a doctor, accountant, financial advisor or therapist.
2. QUESTION: How do I know if I will need a legal professional?
ANSWER: If you have been served with a Summons and associated documents (Complaint, Petition, Motion), you should endeavor to find legal assistance without delay. Papers filed in court that start a lawsuit require responses that involve particular deadlines; skipping those deadlines could damage your defense, restrict or avoid your recovery. Some concerns by statute involve a "pre-suit" time period that allow you to consider the legal issues and potential resolution before a lawsuit is filed. Similarly, seeking legal counsel immediately is recommended.
3. QUESTION: What is mediation?
ANSWER: Mediation is a course of action whereby the parties to the issue present at an agreed location with their counsel (if retained) and a decided on mediator to try and solve all or a number of the problems involved. Mediators are to be unrelated to all participants and the litigation at issue, are to remain impartial in between the parties and their counsel, 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 usually required in just about every case filed in court and before a trial is held.
4. QUESTION: What kind of attorney at law do I need?
ANSWER: Again, like other sectors, lawyers may concentrate in a certain or more than one area. Similarly, law firms may specialize, offer general legal needs or provide 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 related matters; general practitioners handle most matters. Some areas of law are extremely complex, like bankruptcy or taxation; some are delineated by statute, such as worker's compensation. Any attorney should be able to talk about your particular issue, determine if he or she is prepared to handle such matters or advise you of the need to consult with another in a specialized area.
5. QUESTION: Do I need to hire an attorney or lawyer in the county where the problem occurs?
ANSWER: No. Many lawyers or attorneys practice in other counties and other states, based on their licensure for the latter. Having knowledge in the county wherein the matter will be litigated is important as that lawyer will have a comfort level with the local courthouse personnel, attorneys (likely opposing counsel) and judges. One consideration in hiring legal counsel away from area wherein the matter takes place is cost of journey time. Some lawyers do not charge for travel, others give you a reduced rate or maintain a billable rate for all work conducted. Clarify that question with each attorney consulted.
6. QUESTION: How am I able to make sure my lawyer is handling my problems?
ANSWER: Every good attorney monitors his time (fees) and expenses (costs). Your retainer arrangement should include a affirmation of how the lawyer bills his clients - once a month, quarterly, etc. You may even keep track of your case in some jurisidictions that supply on-line access to case dockets. If the county has that established, you're wise to routinely review the docket and see what activities have transpired by your lawyer and the other party/counsel. You should also feel comfortable getting in touch with your attorney at intervals to learn the status of the issue, understanding you will likely be charged for these communications.
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