Legal Services Commissioner
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Working with your lawyer
Complaints against lawyers can sometimes be avoided by understanding how to work effectively with your lawyer from the outset. This includes understanding what to do or ask:
Before your first meeting
- Check the cost of the initial consultation and how long it will take.
- Check that the lawyer has experience or specialises in the area of your legal matter.
- Write down the details of the matter: what happened, when it happened and who was there.
- Write down the questions you want to ask the lawyer.
- If you feel it would be helpful, arrange for a friend, relative or support person to go with you.
- Arrange for an interpreter to be available, if you need one.
At the first meeting
- Ask about costs (or legal aid if you need financial assistance).
- Take notes of what is said to you.
- Give the lawyer a copy of the notes you have prepared and the documents you have copied.
- Respond clearly to the questions your lawyer asks you.
- Ask the lawyer questions if you don’t understand something or want to know what you need to do.
- Ask the lawyer what options exist to deal with your legal matters.
- Tell the lawyer of any concerns you have about your personal safety.
- Ask the lawyer what happens next and how long it may take to deal with your legal matters.
During the course of the matter
- Take notes of what your lawyer tells you.
- Keep these notes and all letters and documents sent to you by your lawyer together in a file or folder.
- Tell the lawyer if any of your personal details change.
- Ask the lawyer questions if you don’t understand what has happened or what will happen next.
- Ask the lawyer what it means to agree to “settle” your legal matter instead of going to court (as well as what this means for costs).
- Ask the lawyer if costs are likely to increase since the original estimate.
When a problem arises
- Raise your concerns with the lawyer’s managing partner.
- Change lawyers (note, however, the lawyer can retain your file until his/her costs are paid).
- If you are unable to resolve the matter, contact the Legal Services Commissioner, Victoria’s single gateway for the fair, independent and efficient handling of complaints about lawyers.
Download the “Working with your lawyer” brochure (100 KB PDF)
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