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 Warrawong 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.
Wollongong & the Illawarra · Personal injury solicitors explained
Working with a personal injury solicitor from Warrawong
Your solicitor advises and acts on your instructions. The big decisions stay yours.
Postcode: 2502
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- By phone & online, no office to visit
- Helping people in Warrawong & Port Kembla
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.
Instructing a solicitor from Warrawong
Around Wollongong and Shellharbour, if you're unhappy with your solicitor, say so in writing first. Most concerns are sorted out directly, and if one isn't, NSW solicitors are subject to an independent complaints process. Solicitors aren't licensed council by council. Whether you live in the Wollongong City 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
- Wollongong & the Illawarra
- Postcode
- 2502
- Local government area
- Wollongong City 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
- The insurer wants statements or documents and you're unsure what to give
- You started the claim yourself and it has become hard to manage
- An offer has arrived and you want advice before you decide
- 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
- You only want a general explanation of how the scheme works
Before you engage a solicitor, check that they hold a current practising certificate, and ask for their written costs disclosure. Both are basic steps, and a solicitor should be comfortable with either. What a CTP lawyer costs
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
- If you're still dealing with the injury itself, what to record and how to choose a lawyer, the personal injury lawyer page starts there. Personal injury lawyer in Warrawong
- 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 Warrawong
- For the stages of a CTP file, from statutory benefits through to settlement, see the car accident solicitor page. Car accident solicitor in Warrawong
Free claim check
Free claim check, no obligation to instruct
Questions about the solicitor relationship, or whether you need one at all? Start with a free claim check.
Who's who in legal help
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?
Changing solicitors
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.
Keeping your information confidential
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.
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
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
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
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
Giving instructions: what it means
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 something goes wrong
Most concerns are worth raising with the solicitor first, or with the principal of their practice. If that doesn't resolve it, complaints about lawyers in NSW generally go to the Office of the NSW Legal Services Commissioner, an independent body that deals with complaints about conduct and about legal costs. That is separate from a complaint about a CTP insurer, which goes elsewhere. Time limits can apply, so don't leave it too long.
Frequently asked questions
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.
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.
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.
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.
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.
Personal injury solicitor: suburbs near Warrawong
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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.