Bellmount Forest: how to check a personal injury solicitor

A solicitor works directly with you: advising, dealing with the insurer, preparing documents and running the claim. A barrister is a lawyer who focuses mainly on advocacy at hearings and on advice about particular issues, and is usually engaged by your solicitor rather than by you directly. Most motor accident claims are handled by a solicitor alone. Where a barrister is involved, your solicitor generally stays your main contact.

Start by putting your concern in writing to the solicitor or the principal of their practice; many problems are resolved that way. If not, complaints about NSW lawyers generally go to the Office of the NSW Legal Services Commissioner, which deals with conduct complaints and disputes about legal costs. Time limits can apply to costs disputes. Complaints about how a CTP insurer has treated you are a separate matter for a different body.

A conflict can arise where a solicitor's duty to you clashes with a duty to someone else, or with their own interests. One example is acting for two people from the same crash whose interests may pull in different directions. Solicitors generally must avoid acting where there's a conflict, or manage it within strict rules. If you're worried about one, ask the solicitor directly; they should explain.

Solicitors in NSW practise under the Legal Profession Uniform Law, which sets professional and ethical rules. The Law Society of NSW issues practising certificates and oversees standards, and the Office of the NSW Legal Services Commissioner receives complaints about lawyers. Solicitors also owe duties to the court. In practice, rules about honesty, confidentiality, conflicts and costs disclosure generally apply to any solicitor you work with.

Generally, yes. If the relationship isn't working, you can move your claim to another solicitor, who will usually arrange for the file to be transferred. Your first solicitor may be entitled to payment for work already done, depending on the agreement you signed, so ask how that will be handled before you switch. It's often worth raising your concerns directly first, because many problems can be fixed.

Probably not. Most motor accident claims are resolved without a barrister, through dealings with the insurer and, where needed, the Personal Injury Commission. A solicitor may brief a barrister for a hearing, a complex legal question or court proceedings. If that's suggested, ask why, what the barrister will do and how it affects what you'll pay, so you can give an informed instruction.