How to choose a lawyer in Australia: the questions worth asking first

Choosing a lawyer often happens under time pressure, at a point when you're already dealing with something stressful — a relationship breaking down, a charge you're facing, or a dispute that's escalated. That combination makes it easy to skip questions that would otherwise be obvious to ask, so it helps to have a short list ready before your first conversation with any lawyer or firm.

Cost is usually the first concern, and it's worth understanding upfront that Australian lawyers bill in a few different ways — hourly rates, fixed fees for defined pieces of work, or hybrid arrangements that combine the two. None of these models is inherently better than another; what matters is that you understand which one applies to your matter and what it actually means for your bill. Legally, once a lawyer's fees are likely to exceed $750, they are required to give you a costs agreement in writing before significant work begins, setting out how and when you'll be charged. Read this document properly rather than skimming it, and ask questions about anything that isn't clear.

A quoted fee, whether fixed or an estimate for hourly work, doesn't always include everything associated with your matter. It's worth asking specifically whether the figure covers court filing fees, whether a barrister might need to be briefed and, if so, whether their fees are included or billed separately, and whether disbursements — things like expert reports, medical assessments or search fees — sit inside or outside the quote. Matters that seem to be quoted cheaply on the headline number can end up costing more once these additional items are added, so it's better to ask before signing than to be surprised by an invoice later.

Many firms also ask for a retainer — an upfront payment held against future work — particularly for matters expected to run for a while. It's reasonable to ask exactly how that retainer will be drawn down, whether you'll receive regular updates on how much of it has been used, and importantly, whether any unused balance is refunded if the matter concludes early or you decide to change lawyers partway through.

Cost isn't the only thing worth weighing, though it's often the easiest to compare on paper. How clearly a lawyer explains things in that first conversation is a reasonable proxy for how they'll communicate throughout your matter, and that matters more than it might seem when you're dealing with an unfamiliar legal process. It's also worth asking directly about relevant experience — not necessarily years in practice generally, but specific experience with matters like yours, since family law, criminal law, property and commercial disputes each involve quite different skills and procedural knowledge.

Finally, you have the right to negotiate a costs agreement, including how you're billed, and a reasonable lawyer will not be offended by being asked to clarify or adjust terms before you commit. If something about a proposed arrangement doesn't sit right, it's entirely fair to seek a second opinion or compare against another firm before engaging anyone.

This article offers general guidance on questions worth asking and is not legal advice, since the right lawyer and fee arrangement depend on your specific matter. Our directory lists Australian lawyers by area and practice type if you're ready to start comparing.

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