Court Lawyers may be generally be categorised as either...

  • Solicitors | Attorneys | Advocates | Lawyers
  • Barristers | Queen's Counsel | Senior Counsel | Junior Counsel | Counsel
  • Court Agents |Town Agents | City Agents

Each of these categories of Court Lawyers plays a distinctive role in the Australian Court system…

  • Court Solicitors (in some States called "Attorneys") appear as advocates in all Courts, especially in "lower" Courts, such as Magistrate's and Local Courts
  • Barristers (either as "Queen's Counsel", "Senior Counsel", "Junior Counsel" or simply "Counsel") appear as advocates in all Courts, especially in "superior" Courts, such as Federal, Supreme, District, County and Family Courts. They usually organise themselves into groups accommodated in Barristers Chambers
  • Court Solicitors also instruct or assist Barristers in Court proceedings. Members of the public wishing to engage a barrister listed in this Directory should first contact a solicitor who will "brief" or instruct the selected barrister on behalf of that person to represent him or her in Court. Alternatively, contact the barrister or Chamber clerk for further assistance
  • Court Solicitors "brief" or instruct barristers to advise and appear as Counsel in all Courts, especially in superior Courts and in more difficult or complex matters in lower Courts. Barristers normally expect their "instructing" solicitors to be present both in their Chambers when conferring with clients and in Court "instructing" or assisting them during the course of a hearing
  • Court Agents (in some States called "Town Agents" or "City Agents") are solicitors who appear as advocates in Courts on behalf of other practising solicitors, especially on short notice and on an urgent basis, in a special relationship of "principal/agent". Court Agents also accept full referrals of Court work from other solicitors in all Courts, especially from other solicitors who normally prefer not to appear in Court themselves busy with other matters. All Court Solicitors listed in this website accept instructions to act Court Agents.
Self Representation in Court MoreClose

Persons who go to Court without being represented by a court lawyer are called "self-represented" or "pro se." Pro se is a Latin term meaning "for oneself."

All Australians have the right to represent themselves in any Australian Court without the assistance of a court lawyer, but they are obliged to know and follow the Court’s Rules and know the law and lack of this knowledge may make it difficult for them, for the presiding adjudicating and for members of the Court staff.

In all Australian Courts, formal rules apply and it is very helpful to have a court lawyer who “knows the ropes” to lead you. A plaintiff/defendant may become confused about documents received/served upon them by their opponent during the course of a court case, and if they fail to respond in proper fashion, may end up losing their case before their trial even commences.

In all court cases there are numerous preliminary steps along the way and there are many opportunities for the case can be lost before going to trial. For example, if a litigant is served with a Motion requesting better particulars or clarification of their case or defence, or served with a "Discovery" notice by their opponent and fail to respond on time or respond at all, that party can face serious consequences, including dismissal (ending) of the case, judgment in favour of the other side, or money penalties.

If you are not sure if you need or want a court lawyer, you should consult with one anyway initially before making your final decision. Many lawyers listed on this website offer "limited scope" services, so you can pay for just the initial consultation and not hire the lawyer for ongoing full representation. Go to the links on this website to search for a lawyer online.

Some examples of when you might need a lawyer…

  • You are in need of legal advice
  • You do not fully understand the papers you have received either from the Police, from the other party side, or from the Court
  • You cannot afford to lose your case
  • You have a complicated case
  • You want to appeal a case
  • You are charged with a serious crime
  • You want to sue someone, but you don't know the legal theory or basis for your claim
Accredited Specialist Lawyers MoreClose

www.courtlawyers.com.au is designed not only to help you locate court lawyers experienced in all types of court appearances, but also Accredited Specialists appointed by relevant State and Territory Law Societies, who are experienced and competent practitioners in their special area of law or expertise.

A legal practitioner who holds a specialist accreditation in a particular Area of Law granted to them by their State or Territory's' Law Society, will demonstrate competency, expertise excellence in that particular Area of Law.

Official Accredited Specialist Areas of Law MoreClose

1) NEW SOUTH WALES

  • Business Law
  • Business & Personal Taxation Law
  • Children's Law
  • Commercial Litigation
  • Criminal Law
  • Dispute Resolution
  • Employment & Industrial Law
  • Family Law
  • Government & Administrative Law
  • Immigration Law
  • Local Government & Planning Law
  • Personal Injury
  • Property Law
  • Wills & Estates Law

2) VICTORIA

  • Administrative Law
  • Business Law
  • Commercial Litigation
  • Commercial Tenancy Law
  • Costs Law
  • Children's Law
  • Criminal Law
  • Environment & Planning Law
  • Family Law
  • Immigration Law
  • Mediation
  • Personal Injury Law
  • Property Law
  • Tax Law
  • Wills & Estates
  • Workplace Relations

3) QUEENSLAND

  • Business law
  • Commercial litigation
  • Criminal law
  • Family law
  • Immigration law
  • Personal injuries law
  • Property law
  • Succession law
  • Taxation law
  • Workplace relations

4) SOUTH AUSTRALIA

  • Family Law
  • Immigration Law
  • Tax Law

5) WESTERN AUSTRALIA

  • Family Law

 

Specialist Lawyers MoreClose

www.courtlawyers.com.au is designed not only to help you locate and introduce to you court lawyers and Accredited Specialists in a “court” area of law, but also other skilled lawyers experienced in different areas of law not associated with court appearances.

The nature of your legal concern will determine the type of lawyer you should choose to represent you. A general practitioner lawyer may well be able to handle many of the issues listed below. However, if you are faced with a particularly complex legal problem, you may want to consult a lawyer who specialises in the area of law involved in your legal matter.

You are usually better served by utilising professional legal advice early on in any matter. Legal advice during early planning stages may eliminate a need for more expensive corrective legal services further down the road.

Listed hereunder are a few of the different situations in which you may require legal assistance:

  • Applications or problems with any government agency or office
  • Marriage, divorce, adoption or other family matter
  • Involvement in a lawsuit as plaintiff or defendant
  • Being arrested or charged with a crime
  • Real estate transactions
  • Making a will
  • Involvement in an accident sustaining injury to people or damage to property
  • Discrimination or other personal right violations
  • Tax matters
  • Debt collections
  • Employment problems
  • Business disputes of any imaginable nature
  • Lease or contracts with significant financial considerations
  • Denial of any insurance, government or company benefits
  • Starting a business
  • Planning your estate
  • Immigration problems
  • Medical malpractice

Learn as much as you can about the legal matter you face. After researching information on your subject of interest, review the profiles of the lawyers listed in this directory by searching our Areas of Law facility.

When deciding which lawyer will be best for you, consider their attributes such as credentials, experience, fee structure and compatible personalities. The lawyer's gender might be important to you, and you may feel more comfortable with a small firm instead of a large one, or vice-versa. Selecting a lawyer is always a personal matter.

Law Firm Structure MoreClose

The staff at a typical law firm may comprise senior/junior partners, long-term associates, recent graduates, paralegals (who have special training to assist in case preparation and research for the lawyers), secretaries and other administrative staff who help run the law office and manage the extensive paperwork typically associated with each case.

You may interface with the lawyer's support staff as much as the lawyer. This may be of an advantage to you, since support staff billing rate is less than the rate of the lawyer who may be handling your case. There are many things they can do with equal efficiency as the lawyer which will save you money. Regardless of who actually performs work on your case, your lawyer is still ultimately responsible for every aspect of your case.

Lawyer Fees and Charges MoreClose

A lawyer usually computes a fee on an hourly rate. This rate depends on many factors, and varies from market to market depending on the type of case, size of firm, firm resources required to handle your case as well as the education, experience and expertise of the lawyer.

Partners and experienced associates in large firms will usually charge more than experienced sole practitioners, but services from junior associates at a large firm may be the least expensive route for some matters.

Hours spent on a case for which you will be charged will include research time, any conferences with you or the other party, witness interviews, and time spent in court.

Some lawyers will occasionally accept a case on a "contingency basis", which means that the lawyer only charges costs at an agreed rate should you be successful with your litigation. This type of arrangement is common with personal injury and account collection cases but does not apply to criminal matters.

Other types of fee arrangements include a "fixed fee", which is a specific amount of money for a specific service, regardless of how much time it takes; and a "mixed fee", which is a negotiated combination of hourly or minimum payment, with a contingency element.

You should always obtain an estimate of the cost of legal services at your first meeting with a lawyer. Expect actual costs to vary somewhat, but the attorney can give you a reasonable estimation based on his experience in similar situations and cases.

A written agreement outlining the fee arrangement is highly recommended to avoid subsequent disputes. The agreement will also set forth when any monies are due for the services rendered.

Many lawyers will request an advance, or retainer, before they will start work on a case.

Suggested Preparation for First Meeting With your Selected Lawyer MoreClose

An important objective at your first meeting or phone call with a lawyer is to make sure the lawyer is well qualified for your particular legal issue, and that you are comfortable with him and the firm.

You can set the stage for reduced costs during your first meetings by being organised and prepared to enlighten the lawyer on the particular facts and circumstances of your case. The less time the lawyer has to take to research or probe for answers and questions, the less your costs should be.

Here are a few exercises you can do early and throughout the case to assist your lawyer:

  • Research the legal issues regarding your case.
  • Prepare a written background summary and detail all events leading to the legal matter. Be very honest and accurate, as the truth will probably come out eventually anyway. Except under extreme circumstances, your lawyer cannot and will not disclose what he learns to anyone.
  • Prepare a list of the names, addresses and telephone numbers of all persons involved.
  • If known, provide information regarding any other party's position, arguments or correspondence about the case.
  • Prepare a 2-ringed binder containing the above information, with copies of all relevant documents, logically organised and indexed so your lawyer can easily find any information needed.
  • Be as brief as possible in all conversations with the lawyer, and only contact him when absolutely necessary.
  • Give serious thought to alternative resolution methods or settlement offers your lawyer may suggest for your consideration.