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 Port Hacking 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.
Sutherland Shire · Personal injury solicitors explained
You and your personal injury solicitor: a Port Hacking guide
Your solicitor advises and acts on your instructions. The big decisions stay yours.
Postcode: 2229
- Free claim check, no obligation
- By phone & online, no office to visit
- Helping people in Port Hacking & Lilli Pilli
Your solicitor's job, and what stays with you
People sometimes expect a solicitor to take over everything. They don't, and they shouldn't. Some tasks only you can do, and some decisions only you can make. This is a general picture of who does what.
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.
Who's who in legal help
In NSW, 'lawyer' is the umbrella word. Most lawyers who help people with injury claims are solicitors: they advise you directly, run the claim, deal with the insurer and prepare documents. Barristers are lawyers who concentrate on advocacy and particular kinds of advice, usually briefed by a solicitor for a hearing or a difficult question. In most motor accident claims, the solicitor is the person you deal with.
Read next:Do I need a lawyer for my CTP claim?
Checking a solicitor's practising certificate
Every solicitor practising in NSW needs a current practising certificate. You can generally check a solicitor's details on the Law Society of NSW's online Register of Solicitors, which lists solicitors who hold a current certificate. It is a quick check, and it is reasonable to do it before you sign anything. A solicitor won't be offended that you looked.
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
Working with a solicitor from Port Hacking
From Cronulla to Sutherland, a solicitor you instruct generally has to keep what you tell them confidential. Evidence about your injury is a different matter, because the claim depends on the insurer seeing it. The Sutherland Shire Council area is one of many that a solicitor may work with by phone and online. Distance doesn't change their duties to you: confidentiality, acting on your instructions and keeping you informed apply wherever you are. Transport links such as bus stops for Caringbah and Cronulla put a solicitor's office within reach for many people near Port Hacking. If travel is hard after the crash, instruct them by phone or video; their duties to you don't change.
- Region
- Sutherland Shire
- Postcode
- 2229
- Local government area
- Sutherland Shire Council
- Getting around
- bus services to Caringbah and Cronulla
A solicitor for your claim: needed or not?
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 started the claim yourself and it has become hard to manage
- The insurer wants statements or documents and you're unsure what to give
- An offer has arrived and you want advice before you decide
- Your claim may be heading to a hearing
You may not need one
- SIRA's free CTP Legal Advisory Service can answer your statutory benefits question
- Your injury has healed and your benefits have been paid
- You're managing your own claim comfortably and it's on track
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?
- If the injury happened at work, including on the road for work, workers compensation is usually the scheme that applies first, not CTP. After a crash, a CTP damages claim may still be possible. We 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 Port Hacking
- If your question is about the first meeting, what to bring and the costs documents, the compensation solicitor page fits better. Compensation solicitor in Port Hacking
- 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 Port Hacking
The Law Society's specialist accreditation scheme
The Law Society of NSW runs a specialist accreditation scheme. Solicitors with several years of practice, including substantial time in one area such as personal injury, can apply, and those who pass its assessment may call themselves accredited specialists in that area. It is formal recognition of depth in one field. Many capable solicitors are not accredited, and the title says nothing about how a particular claim will go.
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.
You instruct, your solicitor advises
Your solicitor works for you, on your instructions. In practice, they explain your choices, give their advice, and then do what you decide, within the law and their professional duties. The biggest decision, whether to accept an offer to settle, belongs to you. Take the time you need, and ask for the advice in writing if that helps you think.
Some instructions are standing ones, like 'email me rather than call' or 'don't ring me at work'. Others are one-off decisions. Both are yours to give and to change. If your circumstances shift, for example you move, return to work or your injury worsens, tell your solicitor, because it may change the advice.
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
Solicitors owe you a duty of confidentiality. In general, what you tell them about your claim isn't shared with others without your permission, except where the law requires it. Separately, legal professional privilege can protect certain communications made for the purpose of getting legal advice. The details are technical, so if something sensitive worries you, ask your solicitor how it would be handled.
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.
Concerns about a solicitor
Many problems with a solicitor come down to communication: calls not returned, decisions made without you, or a bill you didn't expect. Say so in writing, and be specific about what you want to change. If the problem is serious, or raising it gets nowhere, the NSW Legal Services Commissioner's office deals with complaints about lawyers' conduct and legal costs. Changing solicitors is a separate option.
Free claim check
Talk it through with us first
We'll look at where your claim is up to and tell you whether a solicitor would help. Many claims don't need one.
Frequently asked questions
It depends on the stage. Some weeks are busy; others are quiet while the solicitor waits on 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.
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.
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.
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.
In NSW, solicitors need a current practising certificate, issued by the Law Society of NSW. You can generally confirm that a solicitor holds one by searching the Law Society's online Register of Solicitors using their full name. If they don't appear, check the spelling or ask them how they're registered. It only takes a few minutes, and it's reasonable to check before you sign anything.
Personal injury solicitor: suburbs near Port Hacking
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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.