If you need a lawyer, it’s important that you find the right one for you. Here are some helpful questions you should ask them before making your decision.
Some private lawyers provide the first appointment free. Ask about this when you make an appointment.
When you are looking for a lawyer, do some research. When you book your appointment, ask what experience the lawyer has and how many cases they’ve worked on with similar circumstances to yours. Also find out who will actually be doing the work. Ask to be told if your work is referred to another lawyer in the firm.
Ask the lawyer to outline what options are available to you to try to resolve your legal problem. This should help you choose the option/s that suit you best. If you don’t understand something, ask the lawyer to explain. Ask about ways to solve your problem without going to court.
Ask the lawyer about your chances of success. Discuss what you would consider to be a successful result. Take time to think things over.
Make sure the lawyer understands what you want to achieve. Ask them to explain how the work will be done and the steps involved. Also ask about how they will keep you up to date on the progress of your case.
Ask if anything can be done to speed things up. Ask if there might be delays and how they can be avoided.
Shop around, and remember, you can negotiate. Cost is not the only factor in choosing a lawyer. In most cases a lawyer must advise you in writing how much the work will cost or, if that is not possible, how costs will be calculated. Before you decide on your lawyer, ask if they allow payment plans.
Ask if they will take the case on a ‘no win, no fee basis’, and if so, what this means. ‘No win, no fee’ does not mean completely free – you may need to pay the other side’s costs if you lose, and also ‘disbursements’ like the cost of medical reports.
Ask what else you might have to pay and if you have to pay anyone else’s legal costs if you lose the case. Tell the lawyer you want to be kept informed about costs as the case progresses.
Don’t sign any agreement about fees unless you understand it and are happy with it.
In most cases your lawyer must advise you in advance and in writing how and when you will have to pay. You are entitled to receive a detailed bill before you pay.
You may need to pay some money up front. Some lawyers will agree to wait until the matter ends before you pay them.
Remember how and when you pay can always be negotiated.
You should first try to resolve the problem with your lawyer. You are entitled to have your bill reviewed if you are not happy with it. Contact the Office of the Legal Services Commissioner for advice about this or any other problems you are having with your lawyer.
Where can I get more help?
| Organisation | Information | Contact Details |
|---|---|---|
| LawAccess NSW | Provides free telephone legal information and referrals to other services, including to your nearest Legal Aid NSW office, Community Legal Centres, private lawyers and other organisations that can help. | Chat to our team by clicking on 'Chat with us' on the right or by calling 1300 888 529 Mon to Fri 9am - 5pm. |
| Law Society of NSW | The Solicitor Referral Service (SRS) provided by the Law Society of NSW will provide you with a referral to private lawyers. | Phone: (02) 9926 0333 Website: www.lawsociety.com.au Email: ereferral@lawsociety.com.au |
| Office of the Legal Services Commissioner (OLSC) | The OLSC is an independent statutory body that deals with complaints about solicitors. | Phone: 1800 242 958 Website: www.olsc.nsw.gov.au |