Working with your lawyer
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Working with your lawyerOngoing considerations
- 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 about costs).
If you are not happy with your lawyer
- 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).
- Complain to the Legal Ombudsman.
Working with your lawyer
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.
- For the matter you want the lawyer to help you with, write down the details of what happened, when it happened and who was there.
- Write down the questions you want to ask the lawyer.
- Copy relevant documents to give 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 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 matter.
- 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 matter.
If you have a problem with your lawyer.
What you should know:
In most circumstances, dealing with your lawyer is simple and straightforward. Sometimes though, problems can arise.
If you are unable to resolve your problem directly with your lawyer you can contact the office of the Legal Ombudsman.
What can the legal ombudsman do?
The Legal Ombudsman has the power to investigate complaints about the professional conduct of lawyers. Complaints con be about a barrister or a solicitor. They can be about a sole practitioner, a solicitor in a large law firm, a company lawyer or a lawyer working in a government department.
What types of complaint can the legal ombudsman investigate?
The Legal Ombudsman deals with matters such as:
- Delays caused by the lawyer
- Poor communication
- Incompetence
- Negligence
- Ethical issues such as conflict of interest
If you are concerned about the costs you have been charged by your lawyer or think that your lawyer's action has caused you financial loss, you can contact the Legal Ombudsman about possible options.
Time frames for making a complaint
A complaint about the professional conduct of a lawyer must usually be made within six years of the conduct that led to the complaint.
Strict time limits apply to the questioning of a lawyer's account. In most cases, when the bill is less than $ 15,000, you have six months from receiving the bill in which to dispute those costs. Even if you have paid the bill, you can complain within this time. Note however, the Family Court has different rules. You only have 28 days from receiving your account to lodge a Notice Disputing Costs with the Family Court.
If you complain that you have suffered financial loss as a result of your lawyer's actions, you must register your dispute within six years of those particular actions.
Time is crucial when challenging the costs you have been charged so contact the Legal Ombudsman if you have any queries.
What will the legal ombudsman do?
After investigating the complaint, the Legal Ombudsman will decide whether the lawyer should be disciplined. This may include bringing charges against the lawyer in the Legal Profession Tribunal, reprimanding the lawyer, cautioning the lawyer or dismissing the complaint.
In addition to investigating individual complaints, the Legal Ombudsman can bring to the attention of the legal profession and the government, practices among lawyers which should be improved.
Right of review
A complainant can request the Legal Ombudsman to review a decision relating to a lawyer's conduct made by the lawyer's professional association. Time limits apply and the request for a review should be made promptly.
How to lodge a complaint
Complaints to the Legal Ombudsman must be made in writing. This can be done on a Complaint Form available from the office or printed out from the website, or in a letter providing all the relevant details.
You may telephone the office if you require assistance in completing the complaint form.
Your complaint will be dealt with by the Legal Ombudsman confidentially, impartially, at no cost and as quickly as possible.
Further information
Toll free phone number 1800 357 772
www.legalombudsman.vic.gov.au
Also available from the Legal Ombudsman:
Legal Costs: What you should know
Wills & Estates: What you should know
Checklist: Working with your lawyer
This document is not intended to be legal advice and the information it contains should not be relied of for legal purposes or as legal advice.
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Disclaimer
Copyright Updated: 25 Sep 2009
The South Eastern Centre Against Sexual Assault acknowledges the traditional Aboriginal owners of country throughout Victoria. We pay our respects to them, their culture and their Elders past, present and future.