Home > Legal issues > Relationship breakdown > Getting help > Getting legal help > Seeing a lawyer – SA

Seeing a lawyer – SA

A lawyer can:

  • explain 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 dispute
  • represent you in a family dispute resolution process
  • formalise any agreement you make so that it is legally enforceable.

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 former partner, or his or her lawyer
  • represent you in court, if necessary.

Preparing for your meeting

Before you meet with your lawyer you should write down:

  • the main issues, including the contact details of anyone involved in your matter, such as your ex-partner
  • a list of questions you would like to ask; at the meeting you should write down the answers
  • a list of important dates, such as the date of your marriage, your separation, birth dates of children and dates of any other major events.

Take all documents to do with your case including:

  • any court documents or orders
  • your marriage certificate
  • any financial documents
  • letters  
  • any other papers you think are important.

Most lawyers charge for every phone call and meeting (by time), so unless it is urgent, save your questions for one call or meeting. Preparing for a meeting with your lawyer may also lessen your legal costs in the future.

Questions to ask

Ask the lawyer to explain:

  • your rights, responsibilities and obligations
  • anything you do not understand
  • any ‘affidavits’ that have been prepared for you
  • all communications they have with your ex-partner or their lawyer.

An affidavit is your story (your ‘evidence’) in writing and it must be truthful. Make sure you understand the affidavit before you sign it. Do not sign an affidavit if the contents are not accurate.

Remember that 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 see another lawyer.

Complaints about lawyers

If you are unhappy with your lawyer, talk to them about the problem. This may sort out the issue.

You can change a private lawyer at any time, but it may involve extra costs and delay. If you have a lawyer under a grant of legal aid from the Legal Services Commission you can only change your lawyer if there are good reasons to do so.

If you are unhappy with your lawyer and cannot sort out the issue with them you can complain to the Legal Practitioners Conduct Board (link below). They can also investigate complaints about very high legal costs.

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. This is called a duty of confidentiality.

If there is a conflict of interest, a lawyer can only give you basic information, general advice or refer you to somewhere else for help. If your lawyer has helped your ex-partner or anyone involved in your case get a different lawyer.

Costs

Lawyers must tell their clients what the likely legal costs are at the start of the case and throughout the 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.

When you make an appointment with a private lawyer, always ask:

  • if the first appointment is free or discounted
  • what you will have to pay and when you will have to pay.

The lawyer may offer you a ‘cost agreement’. This is 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, or Lands Titles Office search fees).

Ask the lawyer to:

  • explain any cost agreement offered to you
  • give you a pamphlet explaining the rules about legal costs and about applying for legal aid. You can ask if the lawyer will help you apply for legal aid.

You should take the cost agreement away to read carefully. You may want to get legal advice from another lawyer before signing the cost agreement.

Interpreters

Before you see a lawyer, tell them if you need an interpreter. The Legal Services Commission (LSC) (link below) provides interpreters free of charge for advice at legal aid offices. If you receive a grant of legal aid, LSC will pay the costs of the interpreter as part of your grant of legal aid.

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 you should contact the court at least one week before the hearing. Interpreters are free for court proceedings.

More information

Legal Services Commission of South Australia

Related publications

How to run your family law case

Related websites

Legal Practitioners Conduct Board (new window)