Information about lawyers
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How do I find a lawyer?
You can get legal assistance, depending upon the nature of the legal problem, from a lawyer in private practice, a Community Legal Centre or Legal Aid Queensland.
To choose a lawyer in private practice, you can:
- speak to family, friends, and business associates e.g. accountant
- contact the Queensland Law Society who can advise as to the location of lawyers, the areas of law that they specialise in and those lawyers who are accredited
- refer to the advertisements in the local newspaper
- refer to the yellow pages.
Once you have chosen a lawyer, you should ask about the costs for the first appointment, because some lawyers do not charge for the first appointment while others charge a fixed fee for the first appointment.
What do I need to find out at the first appointment?
At the first appointment you should find out :
- if the lawyer has the skills and knowledge to deal with your legal problem
- who in the lawyer's office will be handling the matter
- whether Legal Aid is available for that type of case; if not
- on what basis fees will be charged by the lawyer (eg. according to a court scale of costs or at a fixed hourly rate) and what other outlays will be necessary (e.g. court filing fees, photocopy charges, expert reports)
- if you will have to pay fees at the end of the case or whether you will have to pay as you go
- if the lawyer will take the case on a speculative basis (i.e. you only have to pay their fees if you win)
- an estimate of what costs will be payable if you win your case. Usually even if you win your case and the other side is ordered to pay costs, this only covers part of your costs.
- an estimate of what costs will be payable if you lose your case (eg. whether you could have to pay the other side's costs even if you don't have to pay your own lawyer)
- an explanation of the steps involved and an estimate of the time a case will take to be finished
- how you will be kept informed of the progress of the case.
Do I sign a contract for the lawyer to work for me?
The Queensland Law Society requires lawyers to enter into a written client agreement with you within a reasonable time after starting work for you. No client agreement is necessary for urgent work or for work for which the charge is $1500 or less.
The client agreement must be expressed in clear, plain language and specify the work that the lawyer will do and the fees and costs payable by the client. Lawyers must give a written notice to you prior to you signing the client agreement.
What if a problem arises?
You should always try and sort out any problems directly with your lawyer.
If this doesn't work for you, you can make a complaint to the Legal Services Commissioner. You should do this within three years as the Commission only accepts complaints outside of that time in exceptional circumstances. The Legal Services Commissioner is the point of contact with public for all complaints. The commissioner decides what to do with the complaint:
- The Commissioner may attempt to mediate complaints.
- The Commissioner may refer a complaint about a lawyer's conduct or a consumer dispute to the Queensland Law Society or the Bar Association of Queensland for investigation.
- Serious offences are handled by the Legal Practice Tribunal.
- Less serious ones by the Legal Practice Committee.