Why Use a Lawyer?

Don't be fooled by the multitude of Internet sites and Do-It-Yourself kits encouraging people to do their own legal work.  It can be both emotionally and financially costly through misunderstanding and mistake.  Solicitors are highly trained professionals who can guide you through the potential pitfalls of the law in Queensland, and understand the complexities and consequences of the law.

Most people only turn to a solicitor when they have a legal issue requiring assistance.  But there are many other areas where solicitors can provide advice and assistance which may present alternatives that had not been considered.  Buying or selling a house, help with starting a new business, and protecting a person's wishes by drafting a Will are just a few of the various services solicitors can offer.

Using a solicitor can give added protection and peace of mind, knowing that they must carry professional indemnity insurance. 

Other areas solicitors can help include

How do Solicitors and Barristers differ?

Solicitors are lawyers who specialise in such matters as preparation of a wide range of legal documentation (for example, wills and contracts).  While they do have a right of appearance, they usually restrict themselves to representing clients in the magistrates court and briefing barristers in the higher courts.

Barristers are lawyers who specialise in court advocacy (including the preparation of pleadings for those court cases) and the preparation of specialist legal opinions.  They do not prepare wills and contracts (although they do advise on them) and do not undertake conveyancing.

Judges are usually chosen from experienced barristers, although solicitors have been appointed as Judges.  More information about barristers can be found on the Bar Association of Queensland  website.

How do I choose a Solicitor?

Just like choosing any other professional service, you should satisfy yourself by comparing different solicitors' experience, service and costs.  Often a good place to start is by considering a solicitor that you, your family or your friends have used in the past.  Ask someone to recommend a solicitor.

The Queensland Law Society has an online referral service which can provide information of solicitors in your local area who can assist in a specific area of law.  Solicitors and legal firms also advertise their services in places such as the Yellow Pages and in local newspapers.

It is highly recommended that if you require the services of a solicitor, you employ the services of a solicitor who has experience in the area of law you need help in.

What costs are involved in using a Solicitor?

When engaging a lawyer, there is the expectation that their experience and skill, the resources and time allocated to a legal issue, and the expected result will be paid for.  The Queensland Law Society has fact sheets to explain your rights and obligations when instructing a solicitor.

Lawyers may ask for money up front, which is deposited into a Trust Account.  A lawyer must account to their clients for these monies, but they will be spent on your behalf on your legal matter.

The Court having the relevant jurisdiction to appoint a cost assessor will be determined as follows:

With the introduction of the Legal Profession Act 2007, solicitors must comply with the new laws and offer clients a Cost Agreement together with a Disclosure Statement.  Under the legislation, a solicitor must disclose certain information to their clients including information regarding costs, and information about your rights in the event of a dispute about his/her costs.

(This article has been reproduced with the kind permission of the Queensland Law Society Incorporated.)