There are currently about 1.3 million lawyers in the U.S. Finding a partition attorney can be challenging, but it’s not impossible.
A partition lawyer can help you determine whether it’s possible to partition your property. If so, he or she can draft a partition agreement that spells out each party’s rights and responsibilities.
All parties should sign the partition agreement before filing with the court.
However, not all partition attorneys are the same. So it’s important to ask a few questions before you hire one.
If you are wondering what questions to ask when choosing a lawyer for your partition case, this short and simple guide is for you.
1. Are You a Real Estate Lawyer?
Partition law is a specialized area of real estate law, so it’s important to work with someone who knows it well.
Most lawyers who are familiar with partition law are real estate lawyers. These lawyers have a particular set of skills that make them especially well-suited to partition cases.
They know how to navigate the legal system and are familiar with all of its players, including judges and other attorneys.
2. What’s Your Experience Level?
A good partition attorney will have at least five years of experience.
They should tell you what types of cases they have worked on in the past. They should also be able to provide references you can call and ask about their experience with partition lawsuits.
If they do not have any experience in partition lawsuits, look elsewhere.
3. How Do You Charge for Your Services?
Partition attorneys can charge for their services in several ways.
They may charge hourly, by the case, or by retainer. They may also have a payment plan if your budget is tight.
If you are not sure what your attorney charges and how they structure their fees, ask them about it before you sign any paperwork.
4. Can We Use Arbitration or Mediation?
Los Angeles partition lawyers can resolve your case in court, but sometimes it’s better to use arbitration or mediation.
Arbitration is when a third party hears your case, reviews the evidence, and makes a ruling. Mediation is when you and your co-owners meet with an impartial mediator who helps both sides agree.
You can use arbitration or mediation if the judge allows it and you have an agreement in place to do so.
5. How Long Will the Process Take?
Partition lawsuits can take a long time because they often involve complicated legal issues.
The average case lasts a few months, but some cases can take up to several years. Partition lawsuits can be expensive to pursue, but they’re often worth it.
If you have co-owners who won’t agree to your request for a partition, a lawsuit may be your only option.
A Good Partition Attorney Can Answer These Questions
Before hiring a partition attorney, ask them the above questions.
If they can’t answer them or seem to be vague, it’s best to move on. You want someone who is going to help you through each step of the process and will answer questions you may have.
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