The Law Handbook 2024

54 Section 2: Getting help • check that the lawyer has experience or specialises in the area of your legal matter. Preparing for your first meeting When preparing for your first meeting with your lawyer, it’s helpful to: • write down the details of your legal problem (e.g. what happened, when it happened and who was there) and the issues you’re concerned about; • make copies of documents that may be relevant to your legal matter (e.g. letters of demand, contracts, loan agreements etc.); • write down questions you want to ask your lawyer (see below); • write down the outcome you want (e.g. to have the issue fixed quickly) and any concessions you’re prepared to make; • find out if you will be charged for your first meeting and how long the meeting is likely to go for; • think about asking a friend, relative or support person to go with you (this can help you feel more comfortable); • arrange for an interpreter to attend, if you need one. • For more information, see the VLSB+C website (www.lsbc.vic.gov.au/meeting-lawyer-your-first- appointment) . At your first meeting Your first meeting is your opportunity to be clear from the outset about the kind of relationship you want to have with your lawyer, and to understand expectations on both sides. It helps if you: • ask how much you will be charged in total, if there are any extra costs and if your costsmight change– if you need financial assistance, see Chapter 2.2: How legal aid can help, and for guidance on questions to ask, see the VLSB+Cwebsite (www.lsbc.vic.gov.au/ consumers/legal-costs-and-billing/six-questions- ask-about-legal-costs); • ask how you will be billed, how much time you will have to pay your bill and whether they offer payment options; • write down what they say; • give the lawyer a copy of the notes you have prepared and the documents you have copied; • respond clearly to questions they ask you; • ask the lawyer to explain in plain language if you don’t understand something, such as a legal term or what you need to do next; • ask about the options you have to deal with your legal matter and what they recommend; • tell your lawyer if you have any concerns about your personal safety; • ask how long it may take for them to deal with your legal matter, and what happens next; • tell the lawyer how you want to be informed about the progress of your matter and how involved you want to be in decision- making at each stage. If, after your first meeting you’re not sure you want to hire the lawyer, take the time to shop around. It’s important to tell the lawyer to not do any work until you specifically instruct them to go ahead. If you tell the lawyer to go ahead with the work, they can charge you for that work even if you haven’t signed a costs agreement (unless you and the lawyer have a ‘no-win, no-fee’ agreement – see ‘Conditional fees payment schemes’ below). If you decide you don’t want to hire the lawyer, let them know as soon as possible, ideally in writing. Even if you make this decision after the first meeting, the lawyer can still charge you for that meeting and for the time taken to read any documents you gave them. This is why it’s important to find out whether they will do this before you commit to the first meeting. After you engage a lawyer to do work for you, your lawyer must tell you how much they estimate the matter will cost you. If they believe the total costs will be $750 (excluding GST and disbursements) or more, by law, they need to give you a costs disclosure statement. This statement outlines all the costs involved in your case (see ‘How solicitors charge’ below). With some lawyers, you may be able to negotiate an agreed fixed fee for their services. Your ongoing relationship How positive your relationship with your lawyer is dependsongoodcommunication(e.g.communicating clearly and honestly, listening carefully and keeping each other informed), and maintaining trust and confidence in each other. It helps if you: • take notes of what your lawyer tells you; • keep those notes and all documents that your lawyer sends you in the one folder;