Legal representation

To get the best legal advice and support for your particular legal matter, you will need a lawyer who has expertise in your specific type of legal problem, for example, personal injury, family law or criminal law.

To search for a lawyer or law practice in your area with the type of specialised legal expertise you need, you can use one of the following online services:

• the VLSB+C’s Register of Lawyers (www.lsbc. vic.gov.au/register-of-lawyers);
• the Law Institute of Victoria’s (LIV) Find Your Lawyer Referral Service (www.liv.asn.au/ Referral).

If you can’t afford to pay for a lawyer, low-cost and free legal support services are available. The following links will give you information about eligibility and how to access these services:

• LIV: www.liv.asn.au/Web/Content/For_the_ Public/Free_Legal_Help.aspx
• Community Legal Centres: www.fclc.org.au/ find_a_community_legal_centre
• Victoria Legal Aid: www.legalaid.vic.gov.au/ where-you-can-get-free-legal-advice
• Justice Connect: www.justiceconnect.org.au You can check a lawyer or a law practice’s areas of legal expertise by visiting their website or calling them.

You can also check the VLSB+C’s Register of Lawyers to make sure a particular lawyer has a current practising certificate (i.e. is legally able to practise) and to see if they have been subject to any disciplinary action (e.g. an action to address misconduct, contravention of a rule or lack of competence and diligence).

Specialist Lawyers

While many lawyers operate general law practices, many others practise in specialist areas of law. Lawyers can also work in firms that offer clients a range of legal and non-legal services.

LIV accredits specialist lawyers in a number of areas including criminal, family, environmental and planning, tax, commercial tenancy, business, property, wills and estates, mediation, commercial litigation, personal injury, workplace relations, immigration, costs, administrative and children’s law. To become accredited as a specialist, a lawyer must have at least five years’ experience in the relevant area and pass specific examinations.

You can find a lawyer with specialist accreditation at www.liv.asn.au/specialists.

Lawyers’ costs

Lawyers may advertise their services, but many don’t advertise their fees. Before instructing a lawyer to act for you (i.e. asking them to carry out certain work), you should ask for an estimate of the total cost of the legal services or ask if you and the lawyer can agree on a fixed fee. For more information, see ‘Legal costs’ below.

Before you arrange a meeting

Before you arrange a meeting with a lawyer:

• check the cost of the initial meeting – not all lawyers offer the first meeting for free, and if your legal matter is complex, it’s often better to arrange a full case assessment meeting for an agreed fee;
• check that the lawyer has experience or specialises in the area of your legal matter.

When preparing for your first meeting with your lawyer, it’s helpful to:

• write down the details of your legal problem (e.g. what happened, when it happened and who was there) and the issues you’re concerned about;
• make copies of documents that may be relevant to your legal matter (e.g. letters of demand, contracts, loan agreements etc.);
• write down questions you want to ask your lawyer (see below);
• write down the outcome you want (e.g. to have the issue fixed quickly) and any concessions you’re prepared to make;
• find out if you will be charged for your first meeting and how long the meeting is likely to go for;
• think about asking a friend, relative or support person to go with you (this can help you feel more comfortable);
• arrange for an interpreter to attend, if you need one.
• For more information, see the VLSB+C website (www.lsbc.vic.gov.au/meeting-lawyer-your-first- appointment).

Your first meeting is your opportunity to be clear from the outset about the kind of relationship you want to have with your lawyer, and to understand expectations on both sides. It helps if you:

• ask how much you will be charged in total, if there are any extra costs and if your costs might change – if you need financial assistance, see Chapter 2.2: How legal aid can help, and for guidance on questions to ask, see the VLSB+C website (www.lsbc.vic.gov.au/ consumers/legal-costs-and-billing/six-questions- ask-about-legal-costs);
• ask how you will be billed, how much time you will have to pay your bill and whether they offer payment options;
• write down what they say;
• give the lawyer a copy of the notes you have prepared and the documents you have copied;
• respond clearly to questions they ask you;
• ask the lawyer to explain in plain language if you don’t understand something, such as a legal term or what you need to do next;
• ask about the options you have to deal with your legal matter and what they recommend;
• tell your lawyer if you have any concerns about your personal safety;
• ask how long it may take for them to deal with your legal matter, and what happens next;
• tell the lawyer how you want to be informed about the progress of your matter and how involved you want to be in decision- making at each stage.

If, after your first meeting you’re not sure you want to hire the lawyer, take the time to shop around. It’s important to tell the lawyer to not do any work until you specifically instruct them to go ahead. If you tell the lawyer to go ahead with the work, they can charge you for that work even if you haven’t signed a costs agreement (unless you and the lawyer have a ‘no-win, no-fee’ agreement – see ‘Conditional fees payment schemes’ below).

If you decide you don’t want to hire the lawyer, let them know as soon as possible, ideally in writing. Even if you make this decision after the first meeting, the lawyer can still charge you for that meeting and for the time taken to read any documents you gave them. This is why it’s important to find out whether they will do this before you commit to the first meeting.

After you engage a lawyer to do work for you, your lawyer must tell you how much they estimate the matter will cost you. If they believe the total costs will be $750 (excluding GST and disbursements) or more, by law, they need to give you a costs disclosure statement. This statement outlines all the costs involved in your case (see ‘How solicitors charge’ below). With some lawyers, you may be able to negotiate an agreed fixed fee for their services

How positive your relationship with your lawyer is depends on good communication (e.g. communicating clearly and honestly, listening carefully and keeping each other informed), and maintaining trust and confidence in each other. It helps if you:

• take notes of what your lawyer tells you;
• keep those notes and all documents that your lawyer sends you in the one folder;
• tell your lawyer if any of your personal details (e.g. phone number) change;
• ask your lawyer if you don’t understand what has happened or what will happen next;
• have a clear agreement about how you and your lawyer will stay in contact, including how often you can expect to receive updates on your matter – it’s important to know that if your lawyer is charging you by the amount of time they’re spending on your matter, they can charge you for time spent talking to you, so it’s important to be clear about what information you need;
• ask your lawyer what it means if you agree to ‘settle’ your matter outside of court (if your matter might involve going to court) and how this will affect your legal costs;
• ask your lawyer if your costs are likely to increase from the original estimate or agreed fee (which can happen if circumstances change or new factors mean your matter has become more complex or will take more time to progress) – your lawyer must tell you about any significant changes to the legal costs that you will need to pay.

Lawyers, like any other service providers, have obligations to the people who use their services. Lawyers’ obligations are set out in legislation and in professional conduct rules. For example, lawyers must:

• act in your best interests when representing you, which involves giving you honest and accurate legal advice that meets your objectives, financial situation and needs;
• follow your lawful instructions – however, in acting in your best interests, your lawyer may advise that you take another course of action;
• complete legal work on your behalf competently, thoroughly and as promptly as reasonably possible;
• not borrow money from you;
• decline to work for you where there might be a conflict of interest;
• when you need it, give you clear advice to help you understand legal issues relating to your matter, and make informed choices about those issues and the costs involved;
• explain to you in writing how your legal costs will be charged – which may be an agreed fee or a fee calculated on the time spent – and provide you with an estimate of your total legal costs, unless those costs are unlikely to be more than $750 (excluding GST and disbursements).

Lawyers are bound by professional conduct rules. They must obey the law. When you hire a lawyer, they have a duty to you as their client, to the court and to the administration of justice. If there is an inconsistency between acting in your best interests and your lawyer’s duty to the court, your lawyer must put their duty to the court before their duty to you (e.g. a lawyer can’t mislead the court, even if their client asks them to).

Lawyers also have obligations imposed on them in relation to the type of practising certificate they hold, the financial aspects of their practice, and on the handling of trust money, which is money held on behalf of their clients. There are strict requirements in relation to receiving and banking trust money, and record-keeping and auditing trust accounts. Lawyers are prohibited from receiving money on behalf of clients who use false names, and from drawing cash from clients’ trust accounts (except as allowed by the law).

If you’re unhappy with your lawyer, you can choose to take your business elsewhere. Your former lawyer can hold onto your file and documents (which is called ‘holding a lien’) until you pay any outstanding costs, or until your new lawyer has made an appropriate arrangement for those costs to be paid (e.g. at the end of your matter). It’s important to know that in certain circumstances, you can arrange for your file to be released. For more information, see the VLSB+C website (www. lsbc.vic.gov.au/consumers/legal-costs-and-billing/ disputing-your-bill).