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Seeing a lawyer – Victoria
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 ex-partner or their lawyer
- represent you in court, if needed.
Preparing for your meeting
When you go to an appointment with your lawyer, take a list of questions that you would like to ask them. You can write down the answers at the appointment.
Also take:
- court documents or orders
- marriage certificate (if there is one)
- financial documents
- letters
- other papers you think are important in your family law dispute.
A list of important dates is also useful, such as the date of marriage (if you were married), of separation, birth dates of any children and dates of any other major events.
Questions to ask
Ask the lawyer to:
- explain your rights and responsibilities
- explain anything you do not understand
- explain any ‘affidavits’ (written statements of evidence) or other forms that are prepared for you
- tell you about all contact they have with your ex-partner or their lawyer.
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 it out.
If you have a lawyer under a grant of legal assistance and you are not happy contact Victoria Legal Aid. You may be able to change your lawyer.
If you are paying privately you can change your lawyer at any time. However, changing your lawyer is likely to cause delays and extra costs.
If you are unhappy with your lawyer and cannot sort it out you can contact the Legal Services Commissioner (link below).
Conflicts of interest
If your lawyer (or the firm they work for) 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.
They 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 you what the likely legal costs are 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.
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 costs agreement. This is a letter saying how much they think your case will cost you. It also sets out how they will work out their bill, and when you will have to pay. The costs agreement includes ‘disbursements’ (expenses your lawyer has to pay for you, such as court filing fees, barristers’ fees, title-office fees or stamp duty).
Ask your lawyer to:
- explain any cost agreement offered to you
- give you a pamphlet that explains the rules about legal costs and applying for grants of legal assistance (you can ask if your lawyer 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.
Preparing for a meeting with your lawyer may reduce your legal costs in the future. 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.
Some private lawyers offer a first appointment free or at a low cost. Contact the Law Institute of Victoria (link below) for a referral.
Disputes about costs
If you think the 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 your bill. Contact the court for more information.
If the bill is not about court costs but other legal work you can ask the Legal Services Commissioner (link below) to investigate.
Interpreters
Victoria Legal Aid (VLA) may pay for an interpreter when using its legal information and advice services. Ask for one to be booked when making an appointment. You can also contact us by phone through the Translating and Interpreting Service on 131 450. This is a free service. If you receive a grant of legal assistance, VLA pays the costs of the interpreter.
Before you see a private lawyer, tell them if you need an interpreter. There is a cost for this service.
The court can arrange interpreters to help people who do not understand or speak English, or who have a hearing impairment. 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. Interpreters are free for parties in court proceedings but not for witnesses.
More information
Related publications
How to run your family law case