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Seeking legal advice for the first time can be a daunting experience, filled with many questions and uncertainties. Whether you are facing a personal injury case, dealing with family law matters, or navigating complex business disputes, the first consultation with a lawyer sets the tone for your experience.
This guide provides practical tips to help you prepare for your first legal consultation, ensuring that you make the most of your first legal consultation.
Most lawyers now offer phone or video consultations. We recommend that you state your preference early on, so an in-person meeting can be arranged by the law firm, particularly if your preference is in person over video calls. However, if you are content with a phone call or video conference, we strongly recommend that you schedule a few conferences with different lawyers to get a feel of their distinctive styles because it is easier to arrange a few over a day. As h a lawyer, is unlike any other service, take the time to know who you are dealing with and whether they are the right person not just to deal with the matter, but also whether their personality gels with you.
Prior to the consultation, you should confirm or clarify whether the law firm charges for a consultation to avoid any unexpected fees. In most situations, it will be obvious as to whether there is a fee but to avoid any doubt, it is all advisable to clarify.
If a firm does charge a consultation fee it should not be considered a negative. The fee charged may reflect the method in which the firm conducts consultations, which is to undertake a detailed review of all the documents, correspondence and evidence provided by you prior to the consultation, with a view of giving you a substantive preliminary advice at the consultation.
After which, you will then receive a cost agreement detailing the next steps in your matter and the estimated costs and disbursements. In this scenario, the consultation fee covers the time spent by the firm reviewing the materials provided and their time spent in undertaking a more substantive consultation.
Alternatively, a firm may offer a free consultation, which usually involves a lawyer meeting with you to discuss the matter at a high level without having reviewed in detail the material, resulting in only a general outline of the next steps in the consultation. After which, the firm will send a more detailed cost agreement outlining the first steps and associated costs to proceed. The cost agreement following a free consultation is likely then to include the costs or time spent for the lawyer to review any materials provided to the firm and preparing an initial advice.
In both scenarios, the client ends up paying for the costs of the advice whether the consultation is free or not, the major difference is when the costs are incurred either up front or later down the track. So, it is important to speak to the lawyer beforehand and inform them of what you want to achieve from the consultation, so that you are not disappointed when you attend a consultation thinking that you will receive substantive advice.
Whether a fee is charged will also depend on what area of law. In personal injury matters involving compensation for workplace accidents the cost of a consultation can be covered by WIRO (Independent Review Office) which was set up to assist in funding claims made by workers injured at work. It was established by the government to provide financial assistance to workers who may be burdened by workplace injuries, aiming to alleviate this financial strain.
The law is and should be accessible to everyone and any individual has the right and option to deal with their legal affairs as a self-represented litigant. There are several resources available that people can review and use to assist them in navigating the legal landscape. We do not discourage clients from doing their own research, but we suggest that a cautious approach is taken when assessing the available information.
For example, common mistakes that we have observed is referring to legislation which is not applicable because it is from another state or has been repealed. Further, legislation is subject to interpretation and case law, which should be reviewed in conjunction with the applicable legislation.
The point is that while the law is open and accessible to everyone, it is complex and the role of the lawyer is to simplify that complexity to assist you, so having a general background read of articles on your issue can help, it should be treated with caution.
The more prepared you are, the more productive the consultation can be. Prior to your consultation you should be able to state the who, what, where and how of your matter.
The more detail the better. For example, if you’re a plumber working as subcontractor, have your own entity ACN ready and the head contractors company name, ACN, and email address of the person you deal with.
If you are injured at a public place, know the address, date, time or the name and details of any people you have reported the incident to. Any witnesses that can be contacted and their contact details. Even prepare a brief statement which you can provide to the solicitor.
The benefit of being able to provide these details upfront or as early as possible is that the law firm can conduct what is known as a conflict-of-interest search. At its highest a law firm can be conflicted if they represent two clients with the same interests at the same time, or act for a client in the past, and subsequently act for another client.
Approaching a lawyer, is not something that happens for most people daily, and generally when you need a lawyer the circumstances which brought you to seek legal advice may not be positive. On the other side, it may be a positive time because you are buying your first property, setting up a new company or drafting a commercial agreement for an exciting new business venture and want assistance.
Ultimately, there are a variety of reasons, but whatever circumstances brought you to see a lawyer, its important to prepare yourself for the meeting, and approach it in a productive and positive way.
Starting with a preconceived notion about lawyers (less Devil’s Advocate and more Rainmaker) is probably not going to be a good starting point. Be assured that in NSW all solicitors as a condition of their practising certificate must be a fit and proper person, and solicitors are governed by solicitor conduct rules, which if contravened can result in disbarment. So, it’s important to set the right tone in yourself before approaching a lawyer, this will allow you to speak more openly and honestly and will encourage the lawyer to assist you beyond normal service standards. Lawyers are like anyone else, if they are treated politely, respectfully and with courtesy they will respond better and may be willing to go above and beyond.
TESTIMONIALS
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Andrew is a Sydney-based solicitor with a strong background in commercial litigation and transactional legal work. He has acted for a broad range of clients across insolvency, estate disputes, and property-related matters. His experience also extends to drafting and negotiating commercial agreements, advising on business and property transactions, and preparing tailored estate planning documents.
Known for delivering clear, commercially minded advice, Andrew established Gouveia Legal to provide clients with legal services that are practical, accessible, and results driven. Whether navigating a dispute or managing a transaction, he brings a strategic approach grounded in understanding each client’s goals and delivering value at every stage.
Clients come to Andrew for straightforward guidance and a solicitor who takes the time to understand their situation and can get results.
In his spare time, Andrew likes to train Jiu-Jitsu, take his dog Henry for long walks and enjoys watching anything by Guy Ritchie or Martin Scorsese.
Melissa is an experienced lawyer with extensive expertise in personal injury law and a keen interest in immigration.
Holding a Bachelor of Medical Science and a Graduate Law Degree, she combines a strong analytical foundation with a compassionate approach to legal advocacy.
With significant experience working as both a plaintiff lawyer at Australia’s top firms and a legal representative for Australia’s insurers, Melissa brings a well-rounded perspective to every case she handles.
Known for her exceptional negotiation skills, Melissa is dedicated to securing the best outcomes for her clients. Her empathetic nature allows her to connect with individuals, understanding their unique challenges and providing clear, supportive guidance through complex legal processes. Committed to achieving justice, Melissa ensures her clients receive fair and timely resolutions to their claims, whether through skilled negotiation or robust representation.
In her spare time, Melissa enjoys fashion, going out with friends and family.
