How to Choose a Lawyer in Australia (10 Checks)

To choose a lawyer in Australia, run 10 checks before you sign anything: confirm a current practising certificate on the state register, look for accredited specialist status, and get a written costs disclosure whenever legal costs are likely to exceed $750. The other seven checks cover experience, fee model, reviews, conflicts, communication, location and the questions to ask at the first meeting.

Start by writing a one-page summary of your matter, with key dates and documents, and shortlist two or three lawyers who regularly handle that type of case. Our lists of the best law firms in Australia compare firms by practice area and city, and every list uses the same published method explained in How We Rank Law Firms.

What are the 10 checks for choosing a lawyer?

The 10 checks for choosing a lawyer are set out below in the order most people need them. Checks 1 to 4 are verifiable facts. Checks 5 to 10 help you compare lawyers who pass the first four.

1. A current practising certificate on the state register

A lawyer must hold a current Australian practising certificate to practise, and practising certificates are renewed each year. Check the name on the register of the state where the lawyer practises. The register shows whether the certificate is current and whether any conditions apply.

2. Accredited specialist status

An accredited specialist has passed a structured assessment in one area of law run by a state law society, such as the Law Society of NSW's Specialist Accreditation scheme. Accreditation is not required to practise, but it is one way to check a lawyer works regularly in family law, criminal law, wills and estates and other areas. Our guide What Is an Accredited Specialist Lawyer? explains how the schemes work.

3. Experience in your type of matter

Ask how many matters like yours the lawyer has run in the last two years, and in which court or tribunal. A lawyer who mostly does conveyancing is not the right fit for a contested parenting case. Ask who will do the day-to-day work, because a junior lawyer or paralegal often does much of it under a partner's supervision.

4. Written costs disclosure

Written costs disclosure is required under section 174 of the Legal Profession Uniform Law, which applies in NSW, Victoria and Western Australia. The law practice must disclose the basis on which costs will be calculated and an estimate of the total legal costs, plus your rights to negotiate a costs agreement, to negotiate the billing method, to receive an itemised bill and to seek the regulator's help in a costs dispute.

• Costs likely under $750 (excluding GST and disbursements): no disclosure is required.
• Costs likely under $3,000: a short uniform standard disclosure form is allowed.
• Costs likely over $3,000: full written disclosure is required.

If a law practice fails to disclose, any costs agreement is void and the practice cannot sue for its costs until they have been assessed, under section 178. In Queensland, the Legal Profession Act 2007 (Qld) sets the disclosure thresholds at $1,500 and $3,000 unless a regulation prescribes other amounts. South Australia, Tasmania, the ACT and the Northern Territory have their own legal profession legislation. The guide How Much Does a Lawyer Cost in Australia? covers the thresholds and billing rules in more detail.

5. A fee model that suits the matter

Lawyers charge by the hour, by fixed fee for a defined task or stage, by court scale, or on a conditional ("no win no fee") basis. Fixed fees suit defined work such as a will, a divorce application or a plea of guilty. Hourly rates are common for disputes whose length is hard to predict. Conditional costs agreements cannot be used in criminal proceedings or in proceedings under the Family Law Act 1975 (Cth), under section 181(7) of the Uniform Law.

6. Reviews, read in context

Google reviews describe clients' experience of service, communication and cost. They do not measure legal skill or case outcomes, and a firm with a handful of five-star reviews is not necessarily better than one with hundreds of slightly lower ratings. Look for patterns across many reviews, such as responsiveness or billing surprises.

7. No conflict of interest

A lawyer cannot act for you if their duty to another current or former client conflicts with your interests. Give the names of every other party, including your former partner or business associate, at first contact so the firm can run a conflict check before you share confidential details.

8. Communication you can work with

Ask how and how often the lawyer will update you, the expected response time for emails and calls, and who your day-to-day contact is. Under section 190 of the Uniform Law, you can request a written report of the costs incurred to date at no charge.

9. Location or remote service

A local lawyer knows the registry, the magistrates and the local practice notes, which matters most for criminal, traffic and state court matters. For federal matters, such as family law in the Federal Circuit and Family Court of Australia or visa applications, a lawyer in another city can act for you and meetings can be held by video.

10. The questions you ask at the first meeting

Prepare your questions in writing. The next section lists them.

What should you ask a lawyer at the first meeting?

Ask these 8 questions at a first meeting with a lawyer, and write down the answers.

1. How many matters like mine have you handled, and what usually happens in them?
2. Who will do the work, and what are their hourly rates?
3. What is your estimate of the total cost, and what could change it?
4. Will you quote a fixed fee for any stage?
5. What disbursements should I expect, such as court fees, expert reports or a barrister?
6. How long is the matter likely to take?
7. What are my options other than going to court?
8. If I lose, could I have to pay the other side's costs?

Bring identification, a timeline, and copies of the key documents, such as court papers, contracts, letters or a will. Ask whether the first consultation is free, fixed-fee or charged at the hourly rate before you book.

How do you choose a family lawyer?

Choosing a family lawyer uses the same 10 checks, with three points that matter more in family law.

• Accreditation in family law. Look for an accredited specialist in family law when property or parenting is disputed.
• Fixed fees and staged estimates. Conditional costs agreements are not available in family law proceedings, so ask for a fixed fee for defined steps, such as consent orders, and a staged estimate for anything contested.
• Dispute resolution experience. Most parenting disputes require family dispute resolution before an application is filed, so ask how the lawyer approaches negotiation and mediation.

Compare accredited and experienced practitioners on Family Lawyers in Australia.

What are red flags when choosing a lawyer?

These 5 red flags are worth acting on before you sign.

1. No written costs estimate when the work is clearly going to cost more than $750.
2. A fee calculated as a percentage of your payout. Contingency fees are prohibited under section 183 of the Uniform Law and section 325 of the Legal Profession Act 2007 (Qld), except for a court-approved group costs order in a Victorian class action.
3. A "no win no fee" agreement with no cooling-off period. A conditional costs agreement must give at least 5 clear business days to cancel in writing.
4. A guaranteed result. No lawyer can promise an outcome that a court or the other party controls.
5. No current practising certificate on the state register.

If something goes wrong after you engage a lawyer, How to Complain About a Lawyer in Australia explains the regulator in each state.

What if you cannot afford a lawyer?

If you cannot afford a lawyer, start with the free phone line of your state's legal aid commission or a community legal centre. Free Legal Advice in Australia lists the services in each state, and Legal Aid in Australia explains the means and merit tests for a grant of aid.

Compare law firms by practice area

Once you know what kind of lawyer you need, compare ranked firms in that practice area. Each list is ordered by the formula set out in How We Rank Law Firms.

• Family and relationships: Family Lawyers in Australia, Will Dispute Lawyers in Australia
• Crime and driving: Criminal Lawyers in Australia, Traffic & Drink Driving Lawyers in Australia
• Injury and compensation: Personal Injury & Compensation Lawyers in Australia, Car Accident Lawyers in Australia, Workers Compensation Lawyers in Australia, Medical Negligence Lawyers in Australia, TPD & Superannuation Claim Lawyers in Australia
• Work and business: Employment Lawyers in Australia, Commercial & Business Lawyers in Australia, Tax Lawyers in Australia, Intellectual Property Lawyers in Australia
• Property and building: Conveyancers & Conveyancing Lawyers in Australia, Property Lawyers in Australia, Construction Lawyers in Australia
• Estates: Wills & Estates Lawyers in Australia
• Disputes: Litigation Lawyers in Australia, Defamation Lawyers in Australia
• Visas and documents: Immigration Lawyers in Australia, Notaries Public in Australia

To compare firms across practice areas in one city, see Law Firms in Sydney, Law Firms in Melbourne, Law Firms in Brisbane and Law Firms in Perth.