A solicitor is a regulated professional with duties to you and to the court. Knowing what those duties are, and what you can expect in return, makes the relationship easier from the first call. For people in Paddington hurt on the road, this is a plain guide to working with a personal injury solicitor: checking them, instructing them, and what to do if something isn't right.
Eastern Suburbs · Personal injury solicitors explained
Personal injury solicitors explained for people in Paddington
Solicitors are regulated professionals. Here's how that protects you, in plain terms.
Postcode: 2021
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Your solicitor's job, and what stays with you
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 treatment, your information 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
- Your treatment, and keeping your own records of it
- 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
Most people deal with only one lawyer during a motor accident claim, and that is their solicitor. The solicitor gives advice, deals with the insurer and keeps the file moving. If a claim needs a hearing or an opinion on a difficult point, the solicitor may brief a barrister, who then works alongside them. Knowing who is who tells you who to ask, and who answers for what.
Read next:Do I need a lawyer for my CTP claim?
If you want a different solicitor
If you're thinking about moving to another solicitor, first tell your current one what isn't working. Sometimes one frank conversation fixes it. If not, you are generally free to go. The new solicitor will usually handle the transfer of the file. Keep your own copies of key letters throughout, so a change never leaves you without the basic information about your claim.
Working with a solicitor from Paddington
Whether you would travel by the Eastern Suburbs Line, light rail or harbour ferry, or not at all, agree early how you'll meet your solicitor. Video and phone suit most instructions. Hospitals serving the area include St Vincent's Hospital and Prince of Wales Hospital. Chasing records from them is usually the solicitor's job. Turning up for treatment, and telling your solicitor about any new referral or diagnosis, stays with you. Solicitors aren't licensed council by council. Whether you live in the City of Sydney and Woollahra Municipal Council area or across the state, the same professional rules apply to any NSW solicitor, and their practising certificate can be checked the same way.
- Region
- Eastern Suburbs
- Postcode
- 2021
- Nearest public hospital
- St Vincent's Hospital
- Local government area
- City of Sydney and Woollahra Municipal Council
Do you need a personal injury solicitor?
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
- An offer has arrived and you want advice before you decide
- Your injury is serious and the claim is likely to run for a long time
- Your claim may be heading to a hearing
- The insurer wants statements or documents and you're unsure what to give
You may not need one
- You're managing your own claim comfortably and it's on track
- What you mainly need is medical help or a new treating doctor
- You only want a general explanation of how the scheme works
Legal help and medical care run side by side. Ask us about doctors and allied health who know CTP claims, including GPs who complete the Certificate of Fitness.
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 Paddington
- If your question is about the first meeting, what to bring and the costs documents, the compensation solicitor page fits better. Compensation solicitor in Paddington
- For the stages of a CTP file, from statutory benefits through to settlement, see the car accident solicitor page. Car accident solicitor in Paddington
Giving instructions: what it means
'Instructions' is the word for what you tell your solicitor to do. Your solicitor advises you on the options and the risks, but acts on your instructions. That means the key decisions are yours: whether to lodge a particular claim, whether to challenge a decision, and whether to accept an offer. A solicitor can recommend firmly, but shouldn't decide for you.
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.
Accredited specialists, in plain terms
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
The lawyers we connect people with are described as independent and experienced in motor accident claims. If a formal title matters to you, ask the solicitor directly which ones they hold.
Checking a solicitor's practising certificate
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
A firm's website can describe its people however it likes. The practising certificate and any accreditation are what the register and the Law Society actually record.
Read next:Do I need a lawyer? Quick check
Confidentiality and legal privilege
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 medical 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.
If something goes wrong
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
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.
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.
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.
It depends on the stage. Some weeks are busy; others are quiet while the solicitor waits on medical reports or the insurer. A reasonable arrangement is one you agree at the start: how you'll be contacted, roughly how often, and who covers when your usual contact is away. If a long silence worries you, ask. Solicitors are generally expected to give clear and timely advice as a matter progresses.
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.
Personal injury solicitor: suburbs near Paddington
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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.