Newcastle & the Hunter · Personal injury solicitors explained

Personal injury solicitor Scone: who does what

General information about the solicitor relationship in NSW, not legal advice.

If a lawyer has been suggested for your motor accident claim, you may be wondering who exactly you'd be dealing with. This page explains the roles of solicitor, lawyer and barrister, what a solicitor's job is, and what stays with you. It also covers how to check a solicitor's standing. People in Scone can start with our free claim check, and many claims never need a solicitor at all.

Postcode: 2337

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Dividing the work: you and your solicitor

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

  • 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.

Working with a solicitor from Scone

Whether you get around by the Hunter Line, light rail or the Hunter Expressway, agree early with your solicitor how you'll meet. Phone and video are fine for most instructions. If a doctor at Scott Memorial Hospital wrote down the crash differently from how you remember it, tell your solicitor now. A difference you raise early is much easier to deal with than one the insurer points out later. Solicitors aren't licensed council by council. Whether you live in the Upper Hunter Shire 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
Newcastle & the Hunter
Postcode
2337
Nearest public hospital
Scott Memorial Hospital
Local government area
Upper Hunter Shire Council

A solicitor for your claim: needed or not?

Many motor accident claims are handled by the injured person with no solicitor at all. Others reach a point where formal advice makes a real difference. These lists are a general guide to which is which.

Often worth talking to a lawyer

  • An offer has arrived and you want advice before you decide
  • You need formal advice on a decision the insurer has made about you
  • The insurer wants statements or documents and you're unsure what to give
  • You would rather someone else dealt with the insurer for you

You may not need one

  • Your injury has healed and your benefits have been paid
  • SIRA's free CTP Legal Advisory Service can answer your statutory benefits question
  • What you mainly need is medical help or a new treating doctor

A solicitor can't treat your injury. If you need a GP who understands the Certificate of Fitness, or physiotherapy or psychology, we can point you to doctors and allied health experienced with CTP.

Not quite your situation?

  • Hurt at work, or in a crash while you were working? That is usually a workers compensation claim first, which is a different scheme from CTP. Tell us what happened and 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 Scone
  • 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 Scone
  • 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 Scone
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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?

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

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.

Moving your claim to someone else

You can generally change solicitors if the relationship isn't working. Your new solicitor usually arranges for the file to be transferred. The first solicitor may be entitled to be paid for work already done, and how that's handled depends on the arrangement you signed, so check it or ask before you switch. Try raising the problem directly first; plenty of issues can be fixed.

What you tell your solicitor, and who else sees it

Two ideas protect what you tell your solicitor. Confidentiality means they generally can't share your information without your consent. Privilege, in broad terms, can stop communications made to get legal advice from being handed to the other side. Neither is absolute, and medical evidence about your injury is generally shared with the insurer as part of the claim. Ask where the lines fall.

Others in the room

Having a family member on a call is usually fine, but a third party's presence can sometimes affect whether a conversation stays privileged. Ask your solicitor before sharing sensitive details in front of others.

How to check who you're dealing with

Checking credentials takes a few minutes. Confirm the solicitor's full name, then look them up on the Law Society of NSW register to see that their practising certificate is current. If someone else in the practice will do much of the work, you can ask who will supervise your file and look that person up too. None of this is rude; it's ordinary care with any professional.

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

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.

A solicitor can't follow an instruction to do something improper, such as mislead the insurer or hold back material they may be obliged to disclose. Their duties to the court and the law come first. That protects you as much as anyone, because a claim built on a full, honest account stands on firmer ground.

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.

Frequently asked questions

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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.

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