How to find a good lawyer: 10 tips to choose a lawyer in Australia

For many start-ups and SMEs finding the right lawyers in Australia can be a difficult experience. We often hear about lawyers who charged too much, didn’t understand the scope, and otherwise provided a poor service. 

How can entrepreneurs and business owners find a good lawyer and then build a good relationship with them? 

As lawyers with close to 30 years’ experience in providing legal services to different sectors (finance, mining, manufacturing, technology and education), and in different fields of practice, here are our top 10 tips:

1.     Find a lawyer who aligns with your values and business culture

Choosing a lawyer should be treated with the same care and attention as hiring a key employee. Hopefully, your lawyer will have a long relationship with you and your business and help your business to thrive. For that to happen, you need a lawyer who is the right fit for your business or start-up and aligns with your business values. Consider what you expect from your staff / colleagues and ask if your lawyer can meet those same expectations. Do you trust your lawyer? They will provide a service that may impact you and your relationships into the future, so you need to be comfortable with them and how they provide that service. Do you consider them a part of your team – as someone invested in your business and wants to see it succeed?  These are critical questions to answer to ensure you find the right lawyer for you.

2.     Look for a lawyer that listens to you and is enthusiastic to understand your business needs

No two clients are the same. You should expect your lawyer wants to understand your business and situation. They should be asking questions about your business and (most importantly) listening to what you say so they can give you the right advice. A good lawyer should be able to guide the initial conversation to get a good overview of your business, so that in the future they’ll ensure the legal service is tailored to you.

Think about the skills you want your lawyer to have. It goes without saying that they should have the right technical skills for the matter in question. However, depending on the matter and your own style, do you want a detail-oriented lawyer or a big-picture thinker?  Someone who appreciates the value of soft-skills or is more focused on the bottom line? These are important questions to help guide you on your search for a lawyer who will meet your business needs.  

3.     Tell your lawyer your goals and the purpose for engaging them

Explain the background to your business and current situation – don’t write it off as information that isn’t necessary or relevant for your lawyer to know. And tell your lawyer your goals and business objectives. It is important your lawyer knows what you expect them to help you with (e.g., representation in court proceedings, drafting a letter of demand, etc.) What do you want to achieve (e.g., ensure your business relationships are properly documented, make sure your advertising is lawful, etc…) Your lawyer then can work with you to develop a legal plan to achieve  your specific goals.  That plan should set out the scope of services the lawyer will provide, the deliverables and the cost.

4.     How do you talk to your lawyer?… Start big then go small 

Although you might have one specific issue you want advice on (e.g., drafting a shareholders’ agreement, establishing a business, protecting your IP etc..), it’s important you fill your lawyer in on the key aspects of your small business or start-up before diving into the detail. Bring along any important documents for your business (for example, if your company was set up by your accountant or other third party, make sure you bring a copy of those documents) so your lawyer is aware of them. Your lawyer is unlikely to need to review all of these documents in detail at this stage, but it’s important they know such documents exist and when necessary, they’re across them.

5.    Don’t be afraid to ask your lawyer questions! 

It’s important that you fully understand the work your lawyer is going to do for you and why.  If you don’t understand, make sure you ask. A good lawyer will always answer your questions honestly and transparently. Key questions you should consider:

·       Why do you recommend this plan?

·       Are there other options?

·       What is the value to my business in doing this?

·       How long do you think this could take?

·       What assumptions are you making in creating this plan / scope?

·       Are there any risks I should be aware of?

6.     Document the engagement

After you’ve understood the plan and agree to it, your lawyer should provide you with several documents to sign including an engagement letter, terms of engagement and costs disclosure for you to read, and if you are comfortable, it reflects what was agreed, to sign. These documents should be in plain English and reflect what has been discussed. You should receive a signed copy of your own for safe keeping.

7.     Keep in touch with your lawyer…and expect them to keep in touch with you

You should expect your lawyer to regularly update you on the progress of your matter. Chase them up if they don’t. If possible, discuss and agree upfront how often you want to be updated. Hold them to account on this. 

8.     Update your lawyer when things change

Businesses can change every day. New risk appears, existing ones dissipate or are managed, staff leave, new clients are found; the list goes on. It’s important to consider when something changes in your business if you should be updating your lawyer about it. In particular, if your lawyer told you about certain assumptions they made when scoping the work they will do, you need to think about whether the change affects the assumptions.  Otherwise, you may end up with advice or services that are outdated and do not reflect your current circumstances. Not only a frustrating exercise for both parties, but also a potentially expensive one.

9.     Review their work and give feedback 

Set aside time to properly review the work the lawyer has completed.  Does it match your expectations in terms of the scope of work discussed and the quality promised? Give honest feedback. 

10.  Measure performance and review it with your lawyer

You should expect consistent quality from your lawyer over the course of the relationship. As with employees and other service providers, take the time to measure their performance and review it on a regular basis. If the lawyer is not meeting expectations, speak to them. If they don’t hear you and respond to the feedback, it’s time to consider seeking a replacement.

At Dexterity Law, we strive to build strong working relationships with our clients. We’re keen to understand our clients’ business needs and to help them achieve their business goals. If you’d like to explore working together with us, you can contact us here, or email pippin.barry@dexteritylaw.com.au directly.

The above article was written by Pippin Barry (BA, JD - 2012, The University of Melbourne), an Australian Legal Practitioner, and Hyein Kim, paralegal.