The Law Handbook 2024

Chapter 2.1: Legal representation 53 do most of their work in court. Either a solicitor or a barrister can represent you in court. Usually, a solicitor ‘briefs’ a barrister to appear on your behalf in court. However, for certain types of work (e.g. advice and representation in minor criminal cases), a barrister may agree to represent you in court without being briefed by a solicitor. Before being allowed to practise as a barrister in Victoria, a solicitor must pass an entrance exam. They need to then complete a nine-month ‘reading’ period, which gives them the chance to develop the skills they need for their new role under the supervision of a mentor and senior mentor. During this period, they complete a course that runs for about nine weeks and covers court and trial practice, advocacy, effective communication, decision making, how to run a sole practice, ethics and professional responsibility. NOTE Where the term ‘lawyer’ is used in this chapter, it refers to both barristers and solicitors. Reference to either a ‘barrister’ or a ‘solicitor’ means only that branch of the profession, not all lawyers. Hiring a lawyer Finding the right lawyer with relevant expertise To get the best legal advice and support for your particular legal matter, you will need a lawyer who has expertise in your specific type of legal problem, for example, personal injury, family law or criminal law. To search for a lawyer or law practice in your area with the type of specialised legal expertise you need, you can use one of the following online services: • the VLSB+C’s Register of Lawyers (www.lsbc. vic.gov.au/register-of-lawyers) ; • the Law Institute of Victoria’s (LIV) Find Your Lawyer Referral Service (www.liv.asn.au/ Referral) . If you can’t afford to pay for a lawyer, low-cost and free legal support services are available. The following links will give you information about eligibility and how to access these services: • LIV : www.liv.asn.au/Web/Content/For_the_ Public/Free_Legal_Help.aspx • Community Legal Centres : www.fclc.org.au/ find_a_community_legal_centre • Victoria Legal Aid : www.legalaid.vic.gov.au/ where-you-can-get-free-legal-advice • Justice Connect : www.justiceconnect.org.au You can check a lawyer or a lawpractice’s areas of legal expertise by visiting their website or calling them. You can also check the VLSB+C’s Register of Lawyers to make sure a particular lawyer has a current practising certificate (i.e. is legally able to practise) and to see if they have been subject to any disciplinary action (e.g. an action to address misconduct, contravention of a rule or lack of competence and diligence). Specialist lawyers While many lawyers operate general law practices, many others practise in specialist areas of law. Lawyers can also work in firms that offer clients a range of legal and non-legal services. LIV accredits specialist lawyers in a number of areas including criminal, family, environmental and planning, tax, commercial tenancy, business, property, wills and estates, mediation, commercial litigation, personal injury, workplace relations, immigration, costs, administrative and children’s law. To become accredited as a specialist, a lawyer must have at least five years’ experience in the relevant area and pass specific examinations. You can find a lawyer with specialist accreditation at www.liv.asn.au/specialists. Lawyers’ costs Lawyers may advertise their services, but many don’t advertise their fees. Before instructing a lawyer to act for you (i.e. asking them to carry out certain work), you should ask for an estimate of the total cost of the legal services or ask if you and the lawyer can agree on a fixed fee. For more information, see ‘Legal costs’ below. Before you arrange a meeting Before you arrange a meeting with a lawyer: • check the cost of the initial meeting – not all lawyers offer the first meeting for free, and if your legal matter is complex, it’s often better to arrange a full case assessment meeting for an agreed fee;