on
03 March 2007 at 2230L (GMT+11)
Preliminary Considerations
- Have you been referred to the lawyer by a respected friend?
- If not, do you know someone who you think may be able to refer you to a lawyer?
- Is the lawyer comfortable with gay men, lesbians and bisexuals and transgender folks?
- Does the lawyer have an email address?
- Is the lawyer's office conveniently located?
- Do you require out-of-hours consultations?
Preparation for Your First Meeting
- Did you receive a rapid response to your initial enquiry?
- Was the lawyer "tied up" or "in a meeting"?
- Was a complimentary initial consultation offered?
- If not, were you advised how much the initial consultation would cost and how long it will take?
- Does the lawyer have experience or specialise in the area of your problem?
- Have you prepared a "chronology" summarising all the facts and circumstances leading up to and resulting in the problem arising? (Set out all relevant dates, places, times, full names and addresses (and any other relevant details) of persons involved, summarise any conversations or discussions)
- Have you collected all relevant original and copy documents and assembled the documents into logical order?
- Are there any photographs or other electronic documents that may be relevant?
- Have you obtained copies of all relevant documents etcetera to hand to your lawyer?
- Have any documents been lost? If so, who may have a copy?
- Do any documents need translation?
- Have you made a note of all the questions you want to ask the lawyer?
- Have you a clear idea of what your objective is?
- Do you feel it would be helpful to arrange for your partner or a friend or relative to go with you to your first meeting?
- Do you need an interpreter?
At Your First Meeting
Remember it is nearly always possible to find someone who will perhaps do some work for you at a lesser cost, however it is perhaps more important to establish a rapport with your lawyer and to feel confident that s/he will do the job your require efficiently and expeditiously. If you are not entirely comfortable with your lawyer, then you should not give the lawyer your instructions.- Check details of costs and ask whether you may be eligible for legal aid if you need financial assistance;
- Make sure you understand how professional costs will be charged to you and what disbursements are anticipated;
- 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;
- "Walk" the lawyer through the relevant facts and circumstances;
- Answer clearly and fully any questions the lawyer may ask you;
- Discuss what options are open to you to resolve the matter;
- Ask whether, and if so, how those options may change during the course of the matter;
- Ask the lawyer questions if you do not understand something or whether something may be relevant or not;
- Ask what happens next or what sequence of steps might be anticipated;
- Ask how long it may take to deal with the matter;
- Ask for some clear guidance on costs at each stage of the matter;
- Tell the lawyer if you have any concerns with regard to your personal safety;
- Ask whether the lawyer is available to call (if necessary) during evenings and weekends?
During the Period of Your Engagement of the Lawyer
- Take notes of what is said to you and of any telephone discussions (include dates and times);
- Keep all notes and all letters and documents sent to you by your lawyer in date order (latest on top) in a file or folder (it may be useful to keep all documents in a separate file or sectrion of the file);
- Notify your lawyer if any of your personal details change, especially address and telephone numbers;
- If you do not understand what has happened or what will happen next, ask your lawyer to explain further;
- If your lawyer discusses a "settlement" of the matter instead of going to court, make sure you understand what that means and how that may have an effect on costs payable by you or any sums recoverable by you;
- If you are in any doubt about anything concerning the matter, make notes to discuss the issue/s with your lawyer, on the next most practicable occasion when you are in contact with the lawyer (if it is not urgent);
If You are Unhappy with Your Lawyer
- Make notes of the issue/s that concern/s you;
- Discuss your concerns with your lawyer;
- If those concerns are not addressed to your satisfaction, raise the issues with the lawyer's managing partner;
- Consider changing lawyers (remembering that your file may be retained by the lawyer until all costs are paid);
- Contact the lawyer's professional society or bar: they may be able to guide you with regard to resolving the problem or making a complaint;
- If there is a legal ombudsman in your region, you may be able to file a complaint with that office.