A person who has studied law, completed practical legal training, and been 'admitted' to the Supreme Court of their state or territory can call themselves 'a lawyer'. If a lawyer does legal work they must have a current practising certificate and be insured.
Lawyers can be solicitors or barristers. Solicitors meet with clients, conduct research, give legal advice and sometimes represent (speak for their clients) in court. Barristers specialise in representing people in court. Barristers are sometimes also referred to as 'counsel'.
If you have a legal issue, you may need a lawyer to help you. Good preparation before you see a lawyer can save you time, money and stress. It may also help the lawyer give you the best advice possible.
A person who has studied law, completed practical legal training, and been 'admitted' to the Supreme Court of their state or territory can call themselves 'a lawyer'.
If a lawyer does legal work they must have a current practising certificate and be insured. Most lawyers have their practising certificate on display in their office. If you cannot see it and you are not sure if your lawyer is qualified, you can ask them to show you their practising certificate.
Lawyers can be solicitors or barristers. Depending on your legal problem, you may need a solicitor or barrister, or both.
Solicitors
Solicitors only have to be 'admitted' to the Supreme Court of the state or territory they want to practise in.
If you have a legal issue or problem, you can hire a solicitor to do work for you. This is called 'retaining' or 'instructing' a solicitor. You become the solicitor's client and the solicitor takes responsibility for the day to day management of your case.
A solicitor can:
- research the law
- give you legal advice
- draft letters, emails, and faxes
- make telephone calls on your behalf
- prepare documents, for example court forms, wills and contracts
- negotiate with the other person or people involved
- represent you in courts and tribunals.
Solicitors can work in different arrangements:
- a private law firm, which can be any size from very large (with hundreds of lawyers) or very small (with a few lawyers)
- a sole practice, where the lawyer works alone for themselves
- the government or the community sector, for example in Community Legal Centres or Legal Aid NSW.
Barristers
Barristers are lawyers that have been 'admitted' to the Supreme Court of the state they want to practise in. In NSW, they must also have a practising certificate from the NSW Bar Association.
Barristers are experts in representing people in court and can provide a specialist opinion on a particular area of the law. They often work alone or with other barristers in offices called 'chambers'.
If you have a complicated legal problem and you are going to court, your solicitor will tell you if they think you need a barrister. The solicitor will usually find the barrister and instruct them. The solicitor will then work with the barrister to represent you. If you do not have a solicitor, you may be able to hire a barrister yourself.
When you have a solicitor and barrister, a solicitor will do the work of preparing your case for court and the barrister will speak in court at the hearing. This will include arguing your case in court, presenting evidence, deciding which witnesses to use, what questions to ask them and cross-examining the other side's witnesses.
For more information, see When do you need a lawyer? below.
Lawyers can work in various areas of the law, work in one area of law or they can specialise in a particular type of law.
Lawyers who work in various areas of the law are often referred to as 'generalist lawyers'. They either work for themselves as a sole practitioner or in a generalist law firm.
Lawyers who specialise in one area are often referred to as 'specialist lawyers'. For example a specialist lawyer might work in:
- property law
- criminal law
- family law
- personal injury law.
Specialist lawyers may work for a specialised practice (a firm that advises in only one area of the law) or they might be a specialist lawyer working for a general practice (a firm that has a number of lawyers with expertise in different areas of the law).
Specialist lawyers who have a number of years experience in a particular area of law and who have completed the Law Society of NSW Specialist Accreditation Scheme can call themselves 'Accredited Specialists'.
Whether you use a specialist lawyer or a generalist lawyer is up to you and may depend on your legal issue.
For more information on how to find a lawyer, see Finding a lawyer, below.
Sometimes the law and the legal system can get confusing and hard to understand. You may not know how to resolve your issue, which area of law your legal issue is about, whether you have to go to court and if so, how the court process works. Seeing a lawyer and getting some legal advice can help you understand your options and give you the confidence to help you resolve your legal issue.
A lawyer can do as much or as little work as you and the lawyer agree. You can ask them to help you with your case from start to finish, or you can ask them to deal with certain parts of your case.
A lawyer can give you legal advice. This may include:
- reading and explaining documents
- helping you fill in forms
- helping you fill in an application for a grant of legal aid
- giving you an opinion about what you should do, the strength of your case, the likely outcome.
A lawyer can represent you (do work for you and speak on your behalf). This may include:
- writing letters or emails on your behalf
- negotiating with the other party on your behalf
- representing you in court.
Before you see a lawyer, think about what work you want done. A lawyer should be able to tell you quickly whether they can help you with your case and if they can represent you. However, they may need some time to work on your particular legal issue or dispute.
It is always a good idea to get some legal advice about your legal issue.
If you need help finding a lawyer see Ways to get help. Find out how you can be referred to a free or low cost legal services or a private solicitor.
There are some benefits of getting legal advice. A lawyer:
- can help you understand your legal rights and responsibilities
- knows how the law applies to your case
- may be aware of a defence or law that you are not aware of
- can tell you how strong your case is
- can advise you about any relevant time limits or if you are able to get an extension on any deadlines that may apply.
After you have some information or advice, you may be able to resolve your problem or legal issue yourself. For more information, see the Negotiation and Mediation topics of this website.
People will often represent themselves because it may be cheaper. Sometimes people have to represent themselves because depending on their type of legal issue, the court or tribunal may not allow a lawyer to represent them.
If you are still not sure whether or not to get a lawyer to represent you, you should consider:
- how much do you know about the area of law that relates to your case?
- are you comfortable representing yourself?
- what are the risks if you do not get a lawyer?
- how much will a lawyer cost?
- is there a lawyer close to where you live?
- is a lawyer allowed to represent you?
For more information, see The role of a lawyer.
A lawyer's job is to listen to your problem, give you legal advice, discuss your options, take instructions about what you want to do and help you understand how the law applies to your case. Your lawyer may even represent you if you go to court.
When a lawyer is working for you, they have a number of duties. They must:
Your lawyer should listen to you, give you advice, take instructions about what you want to do about your legal problem and then carry out those instructions.
It is important that you are honest with your lawyer as their advice will depend on the information you give them.
After listening to you, your lawyer will give you some advice. Sometimes it may be difficult for your lawyer to give you legal advice straight away. They may need to do some research and give you advice later.
Your lawyer has a duty to advise you of all your options. You should consider the advice your lawyer gives you, however, the final decision about what you want to do, will be yours.
If you don't understand what they have told you, you should tell them.
While your lawyer has a duty to act on your instructions, your lawyer cannot do anything illegal when following your instructions. Your lawyer also has an ethical obligation not to mislead the court or waste the court's time.
Most conversations with your lawyer will be confidential, which means that a lawyer cannot discuss your matter with anyone including the police or the court without your permission.
There are some situations where your lawyer may tell someone information about you or your case. For example, where:
- a particular law requires them to
- it will prevent a serious criminal offence from occurring, or
- your safety or the safety of someone else is at risk.
A lawyer cannot work for you if:
- they acted for the other person or people involved in the past and they have confidential information about them that might negatively affect their interests.
- they are also acting for the other person or people involved, and they may not be able to act in the best interests of you both.
- your interests and the lawyer's own interests clash.
If a lawyer does any of the above, this could be a 'conflict of interest'.
If the lawyer finds out about a conflict of interest, they should let you know. If you think your lawyer may have a conflict of interest, you should discuss this with them.
When doing work for you, your lawyer has a duty to communicate carefully and efficiently. Your lawyer should give you regular updates about the progress of your matter.
Your lawyer should always be honest with you, and your best interests should always be your lawyer's main concern. However, lawyers cannot act illegally or unethically. Your lawyer should tell you their opinion about the strengths and weaknesses of your case, and whether they think you have 'reasonable prospects of success'. This means whether you have a good chance of winning your case.
If you think your lawyer has not been honest or has put the interests of others, including their own, before yours, you can make a complaint.
Your lawyer should have experience in the area of law your case falls within. If you are unsure, you should ask your lawyer how long they have been practising in the area, or how many cases similar to yours they have been involved in.
- If you want to get a lawyer but are not sure where to go, see Finding a lawyer.
- If you are going to see a lawyer it is a good idea to prepare in advance, see Preparing to meet your lawyer.
- If you are not happy with the service provided by your lawyer, see Complaints about a lawyer.
If you have decided that you want to see a lawyer and get some help with your problem, you should make sure you get the right lawyer for your situation.
Which lawyer is right for you
Most lawyers will have an area of law they specialise in, for example, criminal law, personal injury law or conveyancing. They are called specialist lawyers. Specialist lawyers who have a number of years experience in a particular area of law and who have completed the Law Society of NSW Specialist Accreditation Scheme can call themselves 'accredited specialists'. Other lawyers may not specialise in one area but work in more than one area of law. They are called generalist lawyers and work in a general practice.
Whether you use a specialist lawyer, accredited specialist or a generalist lawyer will depend on your legal issue. For example, if your legal issue involves just one area of law, you may find it useful to use a lawyer who specialises in that area. If your legal issue involves more than one area of law you could use a generalist lawyer.
When selecting a lawyer, you should look for someone who:
- is qualified
- has experience in the area of law that your matter is about
- you feel comfortable communicating with
- is within your budget
- works in a location that you can easily get to, or is close to where you have to go to court.
How to find a lawyer?
If you need help finding a lawyer see Ways to get help. Find out how you can be referred to a free or low cost legal services or a private solicitor.
What next?
Once you have found a lawyer, you can call them to make an appointment. You should ask them how much the appointment will cost you. Some private law firms may offer some free time with a lawyer, for example, the first 20 minutes free, or the entire first consultation free. If it is only the first 20 minutes that is free, check the price you will be charged if you go over the initial free period.
For more information, see Legal costs.
You can then start preparing for your meeting. The better prepared you are, the more you will get out of your appointment.
For more information, see Preparing to meet your lawyer.
To get the most out of your meeting with your lawyer, you should:
Doing some research about your legal problem may help reduce the time you need to spend with your lawyer. It can also help you understand the advice your lawyer will give and guide you to ask specific questions, saving you time and money.
You can start researching by looking at:
Before meeting your lawyer you should organise an interpreter if you need one.
If you are meeting a lawyer at Legal Aid NSW or a Community Legal Centre (CLC) they will organise an interpreter for you for free. However, you will need to tell them before your appointment. Make sure you give them enough notice so that they have time to arrange an interpreter for your appointment.
If you are meeting a private lawyer, you may have to organise and pay for an interpreter yourself. You can do this by contacting:
- Translating and Interpreting Service
- Community Relations Commission
- National Relay Service
- Sign Language Communications NSW/ACT.
Ask the lawyer first, as they might arrange the interpreter for you.
See Interpreters for options.
It is important that you take all relevant documents to your appointment. Spend some time thinking about the documents that you have and then:
- organise the documents in chronological order (from oldest to most recent)
- make copies of the documents. Store the originals in a safe place where you will not lose them, and give the copies to your lawyer. Take the originals to your appointment with you, as the lawyer may want to see them.
By organising your documents before your appointment, you will be able to find them more easily when speaking to the lawyer.
If you are not sure whether you should bring a particular document, bring it anyway. It is very important that you give your lawyer as much information as possible. This will help your lawyer give you the correct advice and assess your chances of winning your case or resolving your problem in your favour.
Checklist: Things to take to your meeting
A 'chronology' is a timeline of events. It should have the dates of relevant actions or events, a short description of what happened on each date and any documents you have relating to that date.
Preparing a chronology of all the events relevant to your legal problem will help your lawyer to quickly understand your problem. It will also help you refresh your memory.
You should try to be as accurate as possible when preparing your chronology. Make sure you include the relevant dates, what happened on that date, the names of all the parties involved and the names of any witnesses. Your lawyer will ask for these details so having this information handy will allow your lawyer to spend more time discussing other issues.
For more information, see Managing your case in the 'Getting ready for court' section of this website.
Legal Aid NSW offers free legal advice services across NSW. If you need ongoing help or representation, you will need to apply for a grant of legal aid. A grant of legal aid is not free. You will usually be asked to pay:
- some money towards your legal costs at the start of your case
- some or all of your legal costs at the end of your case.
For more information, see Ways to get help.
If you are meeting a private lawyer, you should ask them:
- how much they will charge you for their services
- if your first appointment is free (while some lawyers will offer a first visit free, others will not)
- how long the appointment will be
- if your appointment is for a set amount of time, for example one hour, you should ask how much you will be charged if you go over time.
At the appointment after you and your lawyer discuss the case, you should confirm how much it will cost for the lawyer to act on your behalf. You should ask your lawyer to put the agreement in writing. This is called a 'costs agreement.' This can help you avoid a dispute with your lawyer about their bill later on. It can also help you decide whether you can afford a lawyer.
For more information, see Legal costs.
For more information, see Meeting with your lawyer.
When you go to the appointment with your lawyer make sure you are on time. You may also want to take a pen and notepad with you so you can write down anything you and your lawyer discuss.
Be prepared for the appointment
At the appointment, you should:
- give your lawyer the documents you have gathered including your chronology
- be patient while your lawyer reads your documents
- take the time to listen to your lawyer, and tell them if you don't understand what they say
- answer any questions your lawyer asks you
- tell your lawyer what outcome you want.
Sometimes your lawyer may not give you the advice you want to hear. You do not have to follow their advice. However, when deciding what to do about your legal problem, you should consider that lawyers are experts in their field and also have your best interests in mind.
Ask questions
Asking questions will help you get the most out of your meeting and help you understand what you need to do next.
Legal language can be difficult to understand. Your lawyer may be using legal words without realising that you may not understand them. If you do not understand what your lawyer is saying, ask your lawyer to explain it to you.
If you know what questions you want to ask the lawyer, write them down before your meeting so you do not forget to ask them.
Checklist: Questions for your lawyer
After the appointment
After meeting your lawyer, you may decide that you:
- do not want to take further action
- can resolve your issue yourself
- want the lawyer to represent you
- are comfortable representing yourself
- want to get another opinion from a different lawyer.
If you decide that you want the lawyer to represent you, ask them:
- what action will be taken next
- if you need to make a follow up appointment or if they will contact you.
Your lawyer is providing a service to you and like most service providers they will often charge you. It is important that you know the costs involved when dealing with your lawyer.
Whether you are charged at all or how much you are charged also depends on whether you are using a private lawyer (who will charge you, unless they are doing pro bono work), a community legal centre (who will usually not charge you) or Legal Aid NSW (who will charge you in some situations).
Your lawyer may give you a written agreement about costs. This is called a 'costs agreement'. Costs agreements must be in writing. Make sure you read the agreement carefully and ask any questions about it before you sign it.
A lawyer does not have to give you a costs agreement but if your case is going to cost more than $750.00 before disbursements and GST, your lawyer must 'disclose their costs'. A costs disclosure tells you how the costs in your case will be calculated. It should include:
- An estimate of costs and how they will be calculated or
- The fixed amount that will be charged.
The costs disclosure must also include information about:
- your right to negotiate a costs agreement with your lawyer
- your right to receive an itemised bill from your lawyer
- your right to negotiate how you want to be billed
- your right to complain to the Legal Services Commissioner if there is a dispute about costs.
If the total legal costs are not likely to be more than $3,000 before disbursements and GST, your lawyer may give you a standard costs disclosure form rather than making full costs disclosure.
If you are given an estimate, this is not a quote, and the amount stated may change. If the amount is likely to change significantly the lawyer should give you a further Costs Disclosure.
The lawyer should disclose their costs before they start working for you, or as soon as possible.
If your lawyer has not disclosed their costs, you may be able to challenge the bill. For more information, see Complaints about a bill, below.
Lawyers charge for:
- professional costs and
- disbursements.
Professional costs
Professional costs are charged for the lawyer's time, effort and expertise. Professional costs can be charged a number of different ways. You may be charged:
- a fixed amount
- an hourly rate
- no win, no fee.
Lawyers can charge a fixed amount for a case. For example, for the sale of a house they may tell you it will be $900.00 including disbursements.
If the lawyer does not tell you a fixed amount they may charge hourly. Each hour is usually divided into 10 units, so 1 unit equals 6 minutes. If the lawyer charges $300.00 per hour and they spend 1 unit, or 6 minutes or less writing a letter, you will be charged $30.00. If they spend 8 minutes, you will be charged 2 units, which will be $60.00.
A lawyer may charge you on a 'no win, no fee' basis. This means if you do not win your case, you do not have to pay their costs. However, you may still have to pay the disbursements. You may also still have to pay the legal fees of the other person or people involved. If you win your case, your lawyer will usually take their fees from any amount paid to you (with your permission).
Disbursements
Disbursements are charged for costs such as photocopying and any items that are paid for on your behalf, such as court filing fees, barristers' fees, medical reports.
If you do not sign the costs agreement and continue to instruct your solicitor, the costs agreement can still be enforced.
Your lawyer can charge you for a range of legal work that they do for you, including:
- phone calls or emails they make or receive about your case
- the time they spend drafting documents for your matter
- the time they spend reviewing your case and preparing for court
- attending court on your behalf.
Your lawyer cannot charge you for:
- preparing a costs agreement
- preparing an itemised bill.
For some areas of law there are maximum fees that a lawyer can charge. For example:
- motor vehicle accident compensation
- personal injury claims
- deceased estates (up to the grant of probate).
If you sign a Costs Agreement, which states the lawyer will charge you more than the regulated fee, you may have to pay this amount.
Sometimes you may not be happy with the bill prepared by your lawyer. If you are unhappy with your lawyer's bill, you can:
You should always talk to your lawyer first. You can do this over the phone, in person, or in writing. Your lawyer may be willing to negotiate with you or offer to provide you with an itemised bill, if you do not already have one.
An itemised bill may help you identify the work carried out by your lawyer. However, the itemised bill may be higher than the original lump sum bill. A lawyer may charge a higher itemised bill if it replaces the lump sum bill in some situations. The lump sum bill must tell you that the law firm reserves the right to amend the bill in the event of an itemised bill being requested, or if the letters 'E & OE' or a similar expression is shown on the bill.
If your lawyer is unwilling to negotiate or you think the bill is still too expensive, you can complain to the Office of the Legal Services Commissioner (OLSC).
The Office of the Legal Services Commissioner (OLSC) is a free service that can assist you and your lawyer to negotiate costs.
If you are unable to resolve your dispute with your lawyer you can complain to the OLSC within 60 days of receiving your bill, or within 30 days after an itemised bill was issued.
The OLSC can make a binding determination up to the amount of $18,550 (as at 1 July 2023).
The process is a quick, cost effective method compared to a formal Supreme Court assessment.
For more information, go to the Office of the Legal Services Commissioner (OLSC) website.
You can ask for your costs to be formally assessed by the Supreme Court of NSW. You can do this even if you have already paid the bill.
An independent costs assessor will look at your bill and calculate whether your lawyer has overcharged you. This is called a 'costs assessment'.
The filing fee payable for an assessment is:
(a) $100 or
(b) 1% of the unpaid bill or
(c) 1% of the total costs in dispute.
You may also have to pay the fee of the costs assessor unless your lawyer did not make any disclosure in which case your lawyer will have to pay the fee.
You must apply for a costs assessment within 12 months of receiving your bill. If you ask for an itemised bill after a lump sum bill was issued, you have 12 months from the date of the lump sum bill.
Once the assessor has made a decision, they will provide you with a Certificate of Determination that can be enforced by your lawyer. If you are unhappy with the assessor's decision you can apply for a review.
After the review, if the original determination is increased or decreased by less than 15% you will have to pay the costs of the review. Before applying for a review, you should get legal advice.
If your lawyer makes an application for costs assessment, you have 21 days to lodge any objection.
For more information, go to the 'Costs Assessment' section of the Supreme Court website.
If you are unhappy with your lawyer, you may be able to make a complaint.
For more information, see Complaints about a lawyer, below.
Sometimes you may not be happy with the work your lawyer has done for you. If you are not happy with the way your lawyer has handled your matter, you could:
Your lawyer may not know that you are unhappy with them, and sometimes talking to your lawyer about the issue may help resolve the problem.
If you are not comfortable talking to your lawyer you can try writing to them. In your letter, you should be clear about what the issue is and what action or outcome you want from them.
If talking to your lawyer has not resolved the issue, you can try making a complaint about the lawyer to the Office of the Legal Services Commissioner (OLSC).
OLSC may seek to resolve consumer disputes, and has power to investigate complaints raising conduct issues. Complaints may also be referred to the professional associations for investigation, and the OLSC has a role in monitoring those investigations.
To make a complaint, you can:
- get a complaint form from Forms on the OLSC website, or
- write a letter to the OLSC.
Your letter must:
- be in writing but not email
- clearly identify yourself
- clearly identify the lawyer you have a complaint against
- state the reason for the complaint
- be signed by you.
You can then email, fax or post the letter or form to the OLSC.
After receiving a complaint, the OLSC may:
- investigate the complaint
- try to resolve the matter informally by way of correspondence and/or telephone contact
- refer the matter to the NSW Law Society or NSW Bar Association
- dismiss the matter.
There is no fee for making a complaint to the OLSC.
You have three years from the date of the lawyer's conduct to make a complaint to the OLSC. If it has been longer than three years, the Commissioner may extend this time limit.
For more information on the OLSC complaint process, go to the OLSC website.
If you have a complaint against the lawyer's costs, see Legal costs, in this topic.
If your lawyer has acted negligently, you may be able to take legal action against them for any financial loss that has been caused. All lawyers have compulsory insurance against legal actions for negligence.
You have six years to start legal action for professional negligence.
Before taking any legal action, you should get legal advice from a lawyer who specialises in professional negligence cases.
Translating and Interpreting Service (TIS National)
The Translating and Interpreting Service (TIS National) is an interpreting service provided by the Department of Immigration and Border Protection and has a range of interpreters speaking various languages. TIS can arrange an interpreter to assist over the phone or to attend in person.
You can call TIS on 131 450 to make an enquiry.
Multicultural NSW
The Language Services unit of Multicultural NSW provides comprehensive interpreting and translation services in many languages and dialects, including Auslan. Their services are available to all New South Wales Government departments and agencies, as well as private and commercial organisations, community groups and individuals.
For more information, go to the Multicultural NSW website.
National Relay Service (NRS)
The NRS is a phone service for people who are Deaf, hard of hearing or have a speech impairment.
For more information, go to the National Relay Service website.
The Deaf Society
The Deaf Society provides specialist services for deaf, deaf blind and hard of hearing people and their families.
For more information, go to the Deaf Society website.
Other interpreting options
If you do not want to pay for an interpreter, you can consider:
- hiring a lawyer that speaks your language
- bringing a support person with you to the meeting who can help translate the advice given to you by your lawyer. You should be careful if you decide to do this, and make sure that you can trust your support person to interpret exactly what you and the lawyer say to each other.
It is always best to use a qualified interpreter.
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