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Seeing a lawyer – Tasmania
In legal matters relating to separation or divorce, a lawyer can:
- explain your rights, obligations and responsibilities so that you are better able to make decisions
- explain 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 enforceable.
If you are going 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.
Preparing for your meeting
Most lawyers charge for every phone call and meeting. This amount is taken from your grant of legal assistance, if you have one. Unless it is urgent, save your questions for one call or meeting, or write, email or fax your lawyer with your concerns or questions.
Before you meet with your lawyer, write down:
- the main issues, including contact details of anyone involved in your matter
- 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
- a list of questions to ask your lawyer.
If your case includes a disagreement about property you need:
- a list of assets, such as the family home
- a list of financial and non-financial contributions to the marriage or relationship (non-financial contributions include things like homemaking, child care and house renovations)
- the purchase price of your house, the date it was bought and its estimated current market value
- an estimate of the second-hand value of household furniture and vehicles
- an estimate of any other asset and its current value, such as land, a motor bike or items used for work
- details of all debts, including home loans, credit cards, personal loans and hire purchase loans
- if employed, copies of tax returns for the last few years, including those for any business in which you may have an interest
- copies of you and your partner’s most recent superannuation statements.
Take all documents with you that have anything to do with the issue including:
- any court documents or orders
- your marriage certificate
- any financial documents
- letters
- any other papers you think are important.
Questions to ask
Ask the lawyer to explain:
- your rights, responsibilities and obligations
- anything you do not understand
- all communication they have with your ex-partner or their lawyer
- any affidavits that have been prepared for you. An affidavit is your story in writing (your evidence) and must be truthful. Make sure you understand the affidavit before you sign it. Do not sign an affidavit if the contents are not accurate.
You may wish to take notes of your lawyer’s advice.
Changing your lawyer
If you are not happy with your lawyer talk to them about the problem. This may sort out the issue.
If you have a lawyer under a grant of legal assistance from the Legal Aid Commission of Tasmania (LACT) (link below) you need LACT’s agreement to change your lawyer. You can only change your lawyer if there are very special reasons to do so. Changing lawyers may involve additional cost to LACT and may make your case take longer.
You can change your private lawyer at any time, but this will also involve extra costs and time. Most lawyers will not give your file to you or your new lawyer until you pay their bill.
If you cannot sort out the issue with your lawyer you can complain to the Law Society of Tasmania (link below).
Costs
Lawyers must tell you what the likely legal costs are at the start and at stages during 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
- how much and when you will have to pay.
A ‘cost agreement’ is a letter from your lawyer setting out the how much they think your case will cost. It will include disbursements, which are expenses your lawyer has to pay for you, such as court filing fees, barristers’ fees, title office fees or stamp duty.
Always 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 ask the lawyer 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 the cost agreement.
Disagreements about costs
If you think a private lawyer’s bill for court costs is too high, you can ask the court to check (‘tax’) the bill. You should do this within 28 days of getting the account. Contact the court where your case is being heard for more information.
If the bill is not to do with court proceedings you can ask the Law Society of Tasmania to investigate.
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, general advice or refer you to somewhere else for help.
Remember that your lawyer can only act on what you tell them. This is called ‘giving instructions’.
You can accept or reject your lawyer’s advice. If you are unhappy with your lawyer’s advice you can see another lawyer. You should be aware that if you have a grant of legal assistance you are required to accept your lawyer's reasonable advice. If you don’t, legal assistance may be taken away.
Interpreters
If you need an interpreter to go with you to your legal advice appointment you can ask a Migrant Resource Centre to arrange one.
If you are attending a legal aid conference or a clinic at LACT, let them know as soon as you can so they can arrange for and pay an interpreter.
Before you see a private lawyer, tell them if you need an interpreter. There will be a cost for this service.
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 Aid Commission of Tasmania
Services that can help – Tasmania
Related publications
How to run your family law case