Choosing a Lawyer

There are a number of ways to choose a legal practitioner.

1. Get a referral from a legal practitioner

If you have used a solicitor before, were happy with their service, but they don’t practice in the area of law you need – ask them to refer you to someone who does.

• Ask for two or three names.
• There may be someone in the same firm who can handle your case.

2. Ask your friends or acquaintances

If you have never dealt with a legal practitioner before someone you know may have.

• Ask if they were satisfied with their legal practitioner.
• A personal recommendation is usually the best way of making a choice.

3. Other professional people

People you have contact with, such as doctors or accountants, who may know a legal practitioner.

• Your employer may have a lawyer on staff.
• Trade Unions usually have contacts with lawyers who may be able to help.

The legal referral service

The Law Institutes Legal Referral Service can put you in touch with a solicitor. With an LIV referral letter, participating law firms will see clients for up to the first 30 minutes, free of charge.

• Even if you are not sure that you have a legal problem at all, you can take advantage of this service

The first interview

Be well prepared

Give the legal practitioner a clear picture of what your problem is and what you hope to achieve.

• Assemble as many facts and documents related to your case as you can, organise them and bring them with you.

For example: if you were involved in a car accident.

• Write out a detailed account of everything you can remember about how the accident happened and the injuries you suffered.
• Draw a diagram of the accident scene.
• List the expenses you have incurred – bring documents supporting this.
• The more information you have the easier it is for the legal practitioner to advise you properly, in the shortest possible time.

Ask questions

Use this first interview to get as much information as you can.

• There is no guarantee this is the legal practitioner for you. You want a legal practitioner you feel comfortable with, and whose advice you can take with confidence.
• Ask the legal practitioner if he or she has experience in your kind of problem.
• Try to get an estimate of the likely time involved.
• Ask the legal practitioner if they’re able to begin work immediately.
• Ask what steps are involved in solving the problem.
• How much time is each step likely to take.
• Ask for a frank assessment of your chances of success, and whether it would be better to try to negotiate a settlement.
• Ask if there is anything you can do to cut down the time the legal practitioner has to spend on the case, and so reduce your costs.

Before retaining the lawyer

• Make it clear you want to be kept informed of all developments in the case.
• If you think you may be entitled to legal aid, mention this to the legal practitioner. Not all legal practitioners take legal aid work.
• The legal practitioner is required to give you information about legal costs, including:
  • The method of costing the legal services.
  • Billing arrangements.
  • An estimate or a range of estimates of the total legal costs.
• The legal practitioner must give this information before being retained or as soon as practicable after being retained.
• If your matter involves family law proceedings, the legal practitioner must also give you a costs brochure prepared by the Family Court.

Avoiding problems

• Most problems between legal practitioners and clients stem from a lack of communication.
• If problems come up, talk to your legal practitioner, or write to them.

Remember: You will probably be making a big investment, both in time and money, in resolving your legal problem. Carefully choose the legal practitioner who is best for you.