How to Choose an Attorney
If you have a case in court, you may need an attorney and choosing an attorney is an important decision. It is not a decision you take so quickly. Rather, you need to take the time to do a background check and find the right person for the job. If you get a good lawyer, it can make all the difference when it comes to legal proceedings. Choosing the right attorney will save you some money and can make the process painless and fast. But, how can you choose the right attorney? We have a few suggestions.
Determine your needs
The major secret to choosing the right attorney for your needs is to know why you need the attorney in the first place. Bear in mind that different lawyers have different specializations. For example, a divorce attorney is much different from the one that specializes in taxes or real estate. Therefore, it is important to know what you want from a lawyer so that it will be easier to narrow down your choices. Determining what you need first will allow you to pick the right lawyer you need.
Another way to choose the right lawyer for the job is to ask as many people as possible in your area. People in your community are bound to have had experience with local attorneys that they can recommend. If people in your area have hired an attorney before, then you should ask them for a recommendation and what their experience was like when they hired the attorney.
In addition, you may consider looking in the yellow pages. It is another good way to find an attorney. In fact, it is one of the best ways to find a list of attorneys that specializes in an area of your interest. A good number of websites are available that may give you similar information.
Meet with potential attorneys
When you have a list of potential candidates, the next thing is to meet with them. It is imperative that you explain what you might need them for clearly. Also, be sure to take the time to listen to your gut about the lawyer. If you feel comfortable with an attorney when you met, then it is a good sign. With that, you will be at ease working closely with the lawyer and you will be able to trust him. As you disclose family or financial matters, trust is needed. But, if you are not comfortable with an attorney, do not hesitate to go with someone else.…
If it is not possible for you to represent a lawyer at least at the time of trial then you can try your luck by taking advice from a lawyer about your case.
Defining Pro Se
The Pro Se is a Latin word and the literal meaning of the Pro Se is that for any legal proceedings a candidate doesn’t have a Florida gay divorce attorney to represent in his case. If a person doesn’t have a background from the law or doesn’t have any sufficient training in law then it can be very much complex and often inconsistencies may occur in your words.
5 things you have to keep in mind, In case you are attempting to represent yourself in matters of your family:
- Filings and Documents
Being ready with your paperwork and evidence apart from this thing, keeping the copies of everything that goes into the hands of your opposition as well as the judge can be an added advantage. Read carefully and read everything that you get from the court and from the opposing side as well, starting from the papers you get from Clerical office while filing the case. You should know what is going on inside your case also keep the deadlines in mind.
- Proving Your Case
Whatever reason you have for being on the court, you should always convince your judge or local magistrate that, he or she should be ruled in your favor. This can be achieved by sufficiently proving your documents against the opposition party along with the statements made by witnesses. If you fail to do so it can result in a complete denial or dismissal of your case.
Prepare your witnesses and testimony well before the case. There can be some objections raised by any party to any testimony of yours or to any other pieces of evidence that can be ruled by the court. There are some rules to be followed while presenting your evidence and the court has to follow them.
You should bring your all the witnesses at the right time with all the evidence under oath, that should be not more than 3 to 4 , these can be your relatives, neighbors, you by yourself, friends. Being a litigant it is a responsibility to ask hard questions in a situation demands to your witnesses. Just don’t ask questions to prove your point. You can start by asking them about their family background, their name and about other personal information. Your questions should be short, relevant and opened. You should not argue with opposition party’s witnesses while asking questions, you should simply move on to the next question.
- Your Day in Court
At the time of final hearing day you should represent yourself in a best possible way, you can perform your best by reaching on time with all of your documents and witnesses, behave gently, improve your dressing sense, be organized and always ready take notes, respect the court, speak fluently and clearly.…
It is universal that every country allows you to present your case in court thus protecting one’s right. However if the case is serious one would never think of representing oneself alone. It would be like putting the pigeon among the lions. Let us now see that if one is filing pro SE, one must think of the risks involved which could damage one’s case.
Let us take up a case of divorce:
Forms, procedures and Deadlines- What do they mean?
An attorney’s job is to know when and what forms need to be filled at the time of divorce. Once the date is given for a hearing the court will go ahead and decide or set deadlines or ultimatums for proceedings. A case can be dismissed if one fails to appear or miss a deadline. Besides the deadline certain forms must be submitted to the court. As judge of every country has his or her own method having an attorney can help as they will know which documents need to be filled so as to save time and energy.
Simple Divorces- What does it mean?
In as simple form of divorce for example filing for divorces pro se is easy. If a couple who are married for one year apply for a divorce, provided they have no children or property the case can be handled by themselves and there is no need for any attorney. Every court has a clerk’s office that looks into these cases so that no time is wasted. However the same rules apply like meeting the deadline or filling the right form correctly.
Child Support. What are the difficulties?
In a marriage where children are involved it is advised never to present the case by oneself. When children are involved in a divorce case, it will be mandatory for one parent to pay up as maintenance for the child support. Besides this there will be other rules such as visiting hours, health insurance and other small necessities.
Assessing the financial requirement by the child for support, it is very necessary to have an attorney who will investigate to find about details about the finances so that a fair case can be presented. If one does want to go ahead in a divorce case pro se then they must be prepared for any drawbacks as the opposite side is being represented by a counsel or find a good divorce preparer such as the Tampa Divorce Center.
There are many issues that can arise in a divorce case and so a family attorney can always be of a great help .As per the Ashby law there are parents who decide to work together in the interest of their child or children. So the best interest is kept in mind in favor of the child .It is during these difficult times that mediation and counseling do help to overcome such obstacles.
Parenting time is usually split up between parents so that each can spend as much time as possible with their child. In such cases the court will look into the parent’s past behavior who will then decide the time needed to be given.…
A lot has been said and discussed regarding domestic violence in a matrimonial home. As per the law in any country no spouse is allowed to inflict violence or harm on the other just because they are married. In any law this will cat amount to a criminal offense. The court will always intervene if it sees domestic violence in a home. In case of domestic violence the judge will get two forms filled in. One form is a non molestation order. This order stops the defendant from interfering with the partner. The second form would demand that one party needs to vacate the house and never to return till the court gives its directions.
As per the Family Law act 1996 it provides for protection against violence regarding the occupation of the matrimonial house. There are many sections in this law like section 38 where cohabitants do have the right to occupy the house. Section 37 of the law gives neither of the habitats to occupy the matrimonial home.
Criminal Proceedings in Domestic violence
During the Queen Victoria era it was quite acceptable for a husband to beat up his wife. However this could be done only with a stick that is no thicker than the finger. However times have changed and so have the laws against domestic violence. If a man is found to be beating his wife or children he is liable to be prosecuted. However if the beating is done for correction then it is not considered a crime.
Remedies in Domestic Violence
The Protection from harassment law comes into play in cases of domestic violence. Under this law the person is not allowed to pursue his conduct of harassing his wife or child thus causing alarm or distress. This is an arrest table offence amounting to six months imprisonment. The civil court has to power to award damages. However the criminal court can issue a stop order against any further harassment.
Orders on Occupation
Occupation of a property depends solely on the court’s directive .The applicant is not entitled to the property just because it was handed over to him down the ages. An occupation order enforces the applicant to enter or occupy the house .However he may not be allowed to enter the restricted are made by the respondent for reasons of privacy or self safety. In cases of repeated violence the court can give an order for temporary accommodation which means bed and breakfast.
Occupation orders can be made by a magistrate’s court which is however subject to appeal by the High court. However magistrates have the power to disallow jurisdiction. A violent husband can be excluded from the matrimonial house by an occupation order. It has also been seen that women who escaped domestic violence did not want to return their matrimonial home for fear of being attacked again. In this case the applicant can apply as a homeless person for rehousing. However there are certain parameters that have to be met for an applicant to be entitled to rehousing.