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Seeing a lawyer – NT
A lawyer can:
- help you understand your rights, obligations and responsibilities so that you are better able to make decisions
- help you understand the legal process
- negotiate on your behalf or explain your options in dealing with the matter.(family dispute resolution or counselling may help)
- formalise any agreement you make so that it is legally binding.
If you have to go to court or urgent action is required, a lawyer can:
- prepare and file documents with the court
- negotiate with your ex-partner or their lawyer
- represent you in court, if necessary.
Meeting with your lawyer
Take a list of questions you want to ask. At the appointment you can write down the answers.
Take all relevant paperwork, including:
- court documents or orders
- marriage certificate
- financial documents
- letters
- any other papers you think are important.
A list of key dates will also be useful, such as the date of your marriage, the date of separation, birth dates of children and dates of any other major events.
Ask the lawyer to:
- explain your rights, responsibilities and obligations
- explain anything you don’t understand
- explain any affidavits (written statements of evidence) that have been prepared for you
- tell you about all communication they have with your ex-partner or their lawyer
- explain the costs involved.
Your lawyer can only act on what you tell them (your ‘instructions’). You can accept or reject your lawyer’s advice. If you are unhappy with your lawyer’s advice you can change lawyers.
Most lawyers charge for every phone call and meeting (by time), so unless it is really urgent save your questions for one call or meeting.
Complaints about lawyers
If you are unhappy with your lawyer, talk to them about the problem. If you can’t resolve the issue with them directly, Law Society Northern Territory (link below) can investigate the matter.
If you are unhappy with a lawyer who is representing you under a grant of assistance from the Northern Territory Legal Aid Commission (NTLAC), you should complain in writing to the director of NTLAC.
Conflicts of interest
If your lawyer has given legal advice to or represented anyone involved in your family law dispute they may have a ‘conflict of interest’. This means that they cannot advise or represent you because they have received confidential information from the other person.
If there is a conflict of interest a lawyer can only give you basic information or refer you to somewhere else for help.
Costs
If you get a grant of legal assistance you will receive a letter telling you how much money has been given to your matter and the contribution you have to pay.
When you make an appointment with a private lawyer, always ask:
- if the first appointment is free or discounted
- how much and when you will have to pay.
Law Society Northern Territory (link below) can refer you to a private lawyer who offers a first appointment at a low cost.
Your lawyer must tell you the legal costs at the start and at stages during your case. There is a costs scale that sets the amount a lawyer can charge. If the lawyer wants to charge you more, you must agree in writing to pay a higher fee.
The lawyer may offer you a ‘cost agreement’ – a letter setting out the expected cost of your case. The cost agreement will include ‘disbursements’ (expenses your lawyer has to pay for you, such as court filing fees, barristers’ fees, title office fees or stamp duty).
Ask the lawyer:
- to explain any cost agreement offered to you
- to give you a pamphlet explaining the rules about legal costs and applying for grants of legal assistance.
You can also ask if they will help you apply for legal assistance.
You should take the cost agreement away to read carefully. You may want to get legal advice before signing it.
Disagreements about costs
If you disagree with legal costs, talk to your lawyer about it and ask for an itemised bill. Family lawyers have to provide clients with a ‘Notice of Rights’ when they send an itemised bill. The notice outlines the steps you can take if you dispute the amounts in the bill.
If you think a bill for court costs is too high you can ask the court to check (‘tax’) the bill. You must submit a notice to the court within 28 days of receiving the account. Law Society Northern Territory can also investigate the bill for you. Contact the relevant court for more information.
Interpreters
Before you see a lawyer, tell them if you need an interpreter. NTLAC provides free interpreters for advice sessions at its offices. If you receive a grant of legal assistance, NTLAC will pay the costs of the interpreter. If you hire a private lawyer you will have to pay for an interpreter.
The court can arrange interpreters to help people who do not understand or speak English. Interpreters can help with getting legal advice, counselling, family dispute resolution and appearing in court to give evidence. If you need an interpreter contact the court at least one week before the court hearing.
More information
Northern Territory Legal Aid Commission
Related publications
How to run your family law case