What do I need a lawyer for? Lots of things. You may have been injured in an accident or even bitten by a dog and be thinking of suing for damages; you may have been injured in circumstances where it does not appear that anyone else has been at fault - but it is probably wise to check that this is really the case from a legal point of view.
However, there's more to life than personal injury. Everybody should have a will, even if they don't have much to leave - you might win Tattslotto and die of shock. When this happens, your family will almost certainly need assistance with the paperwork, which can be considerable. If you are buying or selling a house you can get a conveyancing kit and do it yourself, if you have the time and the nerve, but you'll certainly need a lawyer if something goes wrong and in fact most people still employ a solicitor from the beginning. If you are setting up a business you are quite mad to do so without legal advice. You should never sign any kind of commercial legal document without having a lawyer go through it with you.
What about going to court? Well, you may never need to go anywhere near a court - lots of lawyers don't. If you are involved in an accident for which somebody else was to blame you will need a lawyer in order to sue - if you yourself were to blame and you are the one being sued, there is no question that you will need a lawyer. Actually, the court with which the average person is most likely to be involved is the Family Court, although with good lawyers agreement can be reached without anyone actually needing to front up to a judge.
People are often put off by fear of the costs - you can hardly open a newspaper (or even a legal publication) these days without reading something alarming about legal fees. However, while it is true that big court cases (in which 99% of the population never get involved) are indeed prohibitively expensive, legal services need not cost you an arm and a leg. You can get basic advice free from your local community legal service or from the Legal Aid Commission. Many solicitors will make only a minimal charge for the initial interview, at which they should advise you about future charges and, of course, whether you are eligible for legal aid.
The lawyer you go to first is a solicitor. He or she may be able to handle your whole matter, but if it is very difficult or unusual then you may be advised to seek an opinion from a barrister who is an expert in the particular area. These are the characters in the wigs - you cannot approach them direct but must go through a solicitor. They specialise in courtroom appearances, as most television viewers are aware.
How do I choose a solicitor? There are a number of points to consider. Lawyers nowadays tend to specialise - it's no good consulting a family lawyer about a building dispute. If you do, that lawyer will be likely to refer you to somebody more suitable, but you can save a lot of bother by going to the right person in the first place.
Some solicitors have display adverts in the Yellow Pages, and a few even advertise in the newspapers. These ads are really not very helpful - you only have their word for it that they are as good as they claim to be. You may have a friend or relative who has had a similar problem and can recommend their solicitor. Probably the best place to start if you don't know of anybody is the Law Institute of Victoria (the body which controls solicitors), which has a system of accredited specialists, highly experienced solicitors who have passed special exams.
Of particular importance to many people with mobility problems is the location of their solicitor. Unfortunately far too many solicitors are located in inaccessible buildings, both in the city and the suburbs. However, if you explain your situation most solicitors will come to you, usually at no extra charge. Thanks to the telephone and the fax machine it is possible to instruct your solicitor almost entirely without going in to the office, although there will be times when a face-to-face interview is best.
You need to feel comfortable with your solicitor, just as you do with your doctor. Solicitors are male and female, young and old, short and tall, just like the rest of us, and it is possible to go to a perfectly capable solicitor who you just can't get on with. Maybe you can't understand them, maybe you feel they are patronising you, maybe you aren't satisified with their explanations of why nothing much is happening. Maybe you have gone to one of the "big name" city firms and you find them a bit impersonal; on the other hand you may be feeling that your sole practitioner is having trouble coping with the demands of your case.
If you're not happy the first thing you should do is discuss your concerns with your solicitor. It's amazing how often misunderstandings can arise from lack of communication. If the problem is that you don't understand your solicitor's advice, be sure that you get it clearly set out in writing so that, if necessary, you can seek a second opinion. If the problem is more one of personality clash, perhaps another solicitor in the same firm could take over your file.
You can change solicitors. This should not be done lightly, as it inevitably generates extra costs. If you have Legal Aid you will need the Legal Aid Commission's consent to do so (remember they're paying the bill). If you are not legally aided your solicitor has the right to keep the file of documents until you have paid his bill. Your new solicitor can advise you in the first instance as to whether that bill is reasonable, and how to challenge it if it isn't. Solicitors' charges, believe it or not, are much more strictly regulated than those of any other profession.
It is important to feel that you know what is going on. That doesn't mean that you have to understand all the legal technicalities - that's what your solicitor is there for. What you have to understand is the explanations that you are given. Neither does it mean that you should ring your solicitor every day to check on progress. Your case is of major significance to you, but your solicitor is handling many matters which are equally vital to other people and has to try to give them all the attention they deserve. You have to pay for every phone call to your solicitor, so it is better to trust him or her to contact you when it is necessary.
On the other hand, it is better to give your solicitor too much information rather than not enough. Anything that you tell your solicitor is what is known as privileged, just like things you tell your doctor. It will not be repeated outside the solicitor's office without your permission, so you shouldn't worry if you feel that it reflects badly on someone else or even on yourself. If your solicitor asks for documents, don't attempt to sort them out yourself - hand over everything that seems even remotely relevant. It's a good idea to take along to the first interview a list of questions and things that you want to discuss - it's easy to overlook something, especially if you are at all emotionally upset, as you can be in a personal injury or family law matter.
Lawyers exist to help people arrange their affairs so as to prevent future conflict, and to help them resolve disputes that do arise. If you bear in mind the points raised in this article your own relationship with the legal profession should be a mutually satisfactory one - nothing pleases a solicitor more than to feel that the client is happy with what has been done.
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