3, Sussex Terrace, Hawthorn, South Australia 5062
Telephone: (+ 61 8) 8172 1222
Facsimile: (+ 61 8) 8127 9553
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Your solicitor's task is to advise you about the law and the options available to you - not to tell you what to do. He will give you the best advice that he can and seek your instructions. He will then carry out your instructions, provided that there is no legal or ethical obstacle to doing so.
Your solicitor is an officer of the Supreme Court. His overriding duty is to the Court. If your instructions require him to do anything which will prejudice the proper administration of justice, he must refuse.
The relationship between you and your solicitor will not be successful unless it is based on "transparency" - candour, mutual trust and mutual confidence. If you feel that the relationship is not a "transparent" one, for whatever reason, then you should consider changing your solicitor.
Your solicitor's advice will only be as good as the information which you give him. Tell him as much as possible about yourself and, if relevant, about your family and your business. Give him a detailed history of the matter, all available documents, as much information as possible about the opposing side and a clear indication of what you want him to do for you and the objective you want to achieve.
Except for the most straightforward matters, or where there is already an established relationship, your solicitor will want to take your initial instructions in person. It is very important that you meet him and establish a rapport with him. This will get the relationship off to a good start and help to put you at ease with each other.
If there is any element of urgency, you must tell the solicitor, so that a timetable for the matter can be agreed.
Try to have an agenda for each meeting with your solicitor. This will often be a series of precise questions. Don't be afraid to give this to your solicitor in advance of the meeting. This will save time and help to keep your discussions focussed. On the other hand, don't be afraid to ask questions and to be sure that you understand your solicitor's advice.
Your solicitor should be happy to speak to you by telephone at any time, but you should only call him when necessary. Again, have an agenda for the call, so that it takes no longer than necessary. If your solicitor cannot speak to you when you call, leave a message, clearly stating the reason for your call.
During a conference or a telephone discussion, your solicitor will often ask you to do something, e.g., make inquiries or locate a person or documents. Always ensure that you clearly understand the task, especially if any time limit is involved.
It will usually be best to confer with your solicitor at his office. This will save you having to pay for his travelling time and will enable him to have immediate access to reference material if required. However, you should ask him to come to your home or office if you think it will serve a useful purpose, eg, to view a piece of evidence or to meet other members of your family or employees of your business.
Be clear about the costs involved. Your solicitor should discuss this with you, but, if he doesn't, you should raise it with him. He should also give you written information about the costs involved.
You should request interim bills, say, monthly, to assist you to keep track of the costs.
Ask for advice in writing. This will provide a record and enable you to consider the advice at your leisure. It will also help to avoid any misunderstanding.