Choosing A Solicitor

   Trauma victims who wish to take legal action to secure compensation are well advised to choose their solicitor carefully. It is recommended that their solicitor be an Accredited Personal Injury Specialist. The Law Society of NSW can provide a list of Accredited Specialists. Their Community Assistance Department can also give basic legal advice and refer to public agencies who may organise free or low cost legal assistance under its Pro Bono Scheme.

   When choosing a solicitor, don’t go on qualifications alone, ask questions, eg:

• Is the first appointment free and without obligation? An initial appointment can give you an idea about whether you are comfortable with this solicitor and are satisfied with his or her expertise.

• What do they charge? Shop around – solicitor’s fees vary enormously. You and the solicitor may like to come to a cost agreement as this can give you an indication of their charges and provide you with a measure of security. How will you be expected to pay? (eg upfront, pay as you go or pay when final settlement is made). What about extra cost for such things as medico-legal assessments and reports? Will the solicitor pay these for you and then claim back the costs from the final settlement or will you be expected to pay for each medico-legal assessment as they happen?

• Does the solicitor specialise in a particular form of injury, eg brain injury, spinal cord damage?

• How many similar cases has the solicitor handled?

• What is the solicitor’s track record in securing settlements?

• How do you contact your solicitor should you wish to talk to him or her? Will you be expected to deal with a secretary or articled clerk or will you be put through to your solicitor?

• How long should it take to complete the case?

• What are the chances of your case being successful?

Getting The Best From Your Solicitor

   Before you see your solicitor, prepare a list of questions you would like to ask and make notes of the responses given.

   It will be necessary to give your solicitor a very detailed statement regarding the circumstances of the accident, your pain and suffering, expenses and a personal and employment history. It is best to jot things down beforehand as your remember them and prepare thoroughly for your sessions with the solicitor.

   Give instructions and information to your solicitor in writing when possible and keep a copy for your personal file.

   Diligently keep your own file of reports, letters, notes of telephone calls etc. These will soon mount up and it is best to start with a good filing system.

   Keep your solicitor informed about your current address and telephone number.

   The steps in your legal action may be complicated and may take some time to complete properly so do not hesitate to request clarification of anything you do not understand.

   If you haven’t heard anything about your claim for 2-3 months you may request an update from your solicitor.

   If you are not happy with your solicitor, the first step to take is to tell him or her either orally or in writing. You may decide to discuss your difficulties with someone in the solicitor’s firm who is senior to him or her. If the situation cannot be resolved you can change solicitors. Your new solicitor can advise you about how to do this

Further Help

   Law Society of NSW Community Assistance – tel (02) 9373 7300

   Legal Information Access Centre, based at the State Library of NSW, has a wide variety of books, videos etc about legal matters, tel (02) 9273 1558

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