You can ask a solicitor questions, disagree with their advice and, if it comes to it, move to another solicitor. Those rights often go unspoken. This guide sets them out for people in Mosman who were hurt on the road and are working with, or thinking about, a personal injury solicitor. Start with a free claim check if you're not sure you need one.
Lower North Shore & Ryde · Personal injury solicitors explained
You and your personal injury solicitor: a Mosman guide
What a solicitor does, what stays with you, and how to check who you're dealing with.
Postcode: 2088
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Dividing the work: you and your solicitor
Working with a solicitor is a partnership with clear roles. Your solicitor brings legal knowledge and handles the formal work. You keep control of your information, your instructions and the decisions that matter most. Here is how that generally divides.
Your solicitor's job
- Advising you on your rights and options, in plain terms
- Dealing with the insurer and preparing formal documents
- Gathering the evidence you authorise them to obtain
- Explaining any offer, then acting on your instructions about it
What stays with you
- Keeping your own copies of letters and records
- Giving clear instructions and accurate information
- Telling your solicitor promptly about any change
- Deciding whether to accept an offer or keep going
General information, not legal advice. How the work is split can vary, so ask your solicitor to explain it for your claim.
Solicitors, barristers and 'lawyers' explained
Whether someone calls themselves a lawyer or a solicitor, in an injury claim you are usually talking about a solicitor. Barristers are different. They are engaged for particular tasks, such as a hearing or a written opinion on a hard point, and they generally work on your matter through your solicitor rather than managing it from day to day.
Read next:Do I need a lawyer for my CTP claim?
Is this solicitor entitled to practise?
A practising certificate is, in effect, the licence a solicitor needs to provide legal services. In NSW the Law Society of NSW issues them, and you can generally search its online register to confirm a solicitor holds a current one. If you can't find someone, check the spelling, ask them for their full registered name, or contact the Law Society.
Titles on websites
Words like 'expert' on a website are marketing, not formal titles. 'Accredited specialist' is a formal title. If a solicitor uses it, you can ask which area of law it covers.
Read next:Do I need a lawyer? Quick check
Instructing a solicitor from Mosman
Around Chatswood and Macquarie Park, you may come across the title accredited specialist. It comes from a Law Society of NSW scheme for solicitors who have passed an extra assessment in one area; a solicitor doesn't need it to act on a claim. Living in the Mosman Council area places no limit on which NSW solicitor you use. What counts is that they hold a current practising certificate and deal with motor accident claims, wherever they happen to be based. With the Mosman Bay ferry wharf nearby, meeting a solicitor in person may be easy. Whether you meet face to face or by video, the same professional duties apply: they act on your instructions and keep what you tell them confidential.
- Region
- Lower North Shore & Ryde
- Postcode
- 2088
- Local government area
- Mosman Council
- Getting around
- Mosman Bay ferry wharf · Taronga Zoo ferry wharf
Is engaging a solicitor the right step yet?
Not sure whether you're ready to instruct a solicitor? Look at what has happened in your claim so far. These lists sum up when it tends to be worth it and when it usually isn't.
Often worth talking to a lawyer
- You already have a solicitor, but the relationship has broken down
- The insurer wants statements or documents and you're unsure what to give
- The other side's insurer disputes what happened
- An offer has arrived and you want advice before you decide
You may not need one
- You want help reading a form, not help challenging a decision
- SIRA's free CTP Legal Advisory Service can answer your statutory benefits question
- Your question is about a payment date, not your rights
If your question is only about statutory benefits, SIRA's free CTP Legal Advisory Service may answer it before you instruct anyone. Call CTP Assist on 1300 656 919 to be put through. Do I need a lawyer?
Not quite your situation?
- Injured at work rather than on the road? That is usually a workers compensation claim, which runs under different rules from CTP. The free claim check can point you to the right help. Free claim check
- For what to do after an injury, the records worth keeping and choosing a lawyer in the first place, see the personal injury lawyer page. Personal injury lawyer in Mosman
- If you're ready to engage a solicitor and wondering about the first meeting and the costs paperwork, the compensation solicitor page covers that ground. Compensation solicitor in Mosman
- To see how a solicitor generally runs a CTP claim from start to finish, stage by stage, turn to the car accident solicitor page. Car accident solicitor in Mosman
If you want a different solicitor
Changing solicitors part-way through a claim is allowed, and people do it for many reasons: poor communication, a move interstate, or a loss of trust. It's worth being clear about why before you switch. The new solicitor can generally request the file. Ask both what happens to fees for work already done, because arrangements vary and surprises help nobody.
What you tell your solicitor, and who else sees it
It helps to know what stays private. Conversations with your solicitor are generally confidential, and some may be privileged. But a claim runs on evidence, so reports and records relevant to your injury are generally shared with the insurer. If there's something in your history you would rather not see in the file, raise it with your solicitor early and ask what must be disclosed.
Others in the room
If a friend or relative joins your meetings, check with your solicitor first about anything sensitive. Who is present can sometimes matter to whether advice stays privileged.
Who decides what on your claim
Good instructions start with good information. Tell your solicitor everything relevant, including the parts that don't help you, like an old injury or time off work for another reason. They can only advise properly on the whole picture. Then, when a decision is needed, they will set out the options. You choose, and they act on your choice.
If you're unsure what your solicitor is asking you to decide, say so. It's reasonable to ask what happens under each option, what the risks are, and what they would recommend and why. You can also ask for time to think or to talk it over with family. Instructions given under pressure are the ones people most often regret.
What 'accredited specialist' means
When a solicitor describes themselves as an accredited specialist, they mean a Law Society of NSW scheme that recognises depth of experience in one area of law. Solicitors apply voluntarily, pass an assessment and must keep working in the area to keep the title. It is a useful signal, but only one. It tells you nothing about fees, availability or how clearly a solicitor explains things.
About the lawyers we connect people with
We describe the independent lawyers we connect people with by their experience with motor accident claims, not by any title. Whether a particular solicitor holds accreditation is a fair question to ask them yourself.
Complaints, and where they go
If you believe a solicitor has acted improperly or charged unfairly, you can generally take it to the NSW Legal Services Commissioner. Before that, put your concern in writing to the solicitor and give them a chance to respond. Keep copies of everything. Changing solicitors and making a complaint are separate steps; you can take one without the other.
Free claim check
Free claim check, no obligation to instruct
A free, no-obligation look at your motor accident claim, by phone or online, before you commit to anything.
Frequently asked questions
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.
Yes, within limits. Your solicitor generally can't pass on what you tell them without your consent, except where the law requires it, and some advice may also be privileged. Private isn't the same as kept out of the claim, though: records about your injury are normally shared with the insurer because the claim depends on them. If something in your history worries you, raise it early and ask whether it has to be disclosed.
It's a title granted under the Law Society of NSW's specialist accreditation scheme to solicitors who have shown substantial experience in one area of law, such as personal injury, and passed the scheme's assessment. It's voluntary, and plenty of experienced injury solicitors aren't accredited. If a solicitor uses the title, you can ask which area it covers. The lawyers we connect people with are described by their experience, not by this title.
No. Accreditation is optional, and a solicitor doesn't need it to handle a motor accident claim. What matters more is real experience with NSW CTP claims, which you can ask about directly, along with how the solicitor will keep you informed. The title is one signal among several, not a requirement, and its absence isn't a warning sign on its own.
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.
It means telling your solicitor what you want done. Your solicitor advises on the options and their risks; you decide. Some instructions are big, such as whether to accept an offer or challenge a decision. Others are everyday, like how you want to be contacted. Your solicitor acts on your instructions, within the law and their professional duties, and should tell you if they can't follow one.
Personal injury solicitor: suburbs near Mosman
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CTP Lawyer is not a law firm. This page is general information, not legal advice; the independent lawyer you speak with can advise on your own situation.