LEGAL NEWS & RESOURCES

HOW TO DRESS, WHAT TO DO AND SAY AT YOUR COURT APPEARANCE

You will find a list of matters posted somewhere on the walls in the courthouse and you can find your matter and the room it is in on that list. If you see a court officer you can let them know you have arrived and that you don't have a lawyer if you are self representing.

Although you have been told to go to court at a certain time, for example 9:30am, this does not mean your case will be heard at that time. There are often many cases scheduled on the same day and it is very likely you will have to wait for a while until your name is called.

You can take a seat in the courtroom or if the courtroom is full you can wait outside. Make sure you do not leave the court building and are close enough to the courtroom to hear the court officer call your name. If you leave, or are not there when you are called, your case can be dealt with in your absence.

Before you go into the courtroom you should:

turn off your mobile phone
remove your hat and sunglasses
stop eating, drinking or chewing gum.

When you go into the courtroom you should:

bow your head facing the judge, magistrate, registrar or assessor as soon as you walk in
take a seat in the back of the courtroom
be quiet while other cases are being dealt with.

You are not allowed to use a mobile phone or record anything in the courtroom but you can take notes during the hearing of your case.

When your case is called, you need to move to the table, called the 'bar table', which faces the judge, magistrate, registrar or assessor. Bring all of your documents to the table with you. You can place your files and documents on the bar table, but it's best to put your bags and coats on the floor next to you.

When the court takes a break

The magistrate or assessor may close the court for morning tea, usually around 11:30am, or for lunch, usually from 1:00pm to 2:00pm. You will have to leave the courtroom during these breaks. You can check with the court officer or the registry what time the courtroom will reopen.

It is possible that you could be at the court for a few hours, and sometimes for most of the day, so you should make arrangements with your work or childcare, if necessary.

What to say

When you speak in court it is important you know who you are talking to. When you speak in court:

a Registrar is called 'Registrar'
a Magistrate or Judge is called 'Your Honour'
an Assessor is called 'Sir' or 'Madam'.

When your case is called, you need to move to the bar table. You should stand up when speaking to the Registrar, Magistrate, Judge or Assessor, and when they are speaking to you. Sometimes they will give you permission to sit down, but otherwise you should stand at the bar table.

The first thing you need to say is your name and your role in the case. For example: "My name is Mr/Ms/Mrs/Miss X and I am the plaintiff". Your role, for example, plaintiff, applicant or defendant, may be written near your name on the court documents.

The microphones at the bar table do not make your voice louder. They are used to record each case. You will need to speak loudly enough for the officer on the bench to hear you.

When the Judge, Magistrate, Registrar or Assessor is hearing your case, make sure that you listen to what is being said and don't interrupt. You will be given the chance to speak so don't try to talk over the other person.

Always use polite and respectful language when speaking in the court. You should ask for things to be repeated or explained if you can't hear or don't understand what has been said.

When the other party is speaking, you should sit down at the bar table.

What to wear

Make sure you are dressed neatly. You do not need to wear a suit but you should not wear singlets, thongs, untidy, revealing or ripped clothing.

10 WAYS TO SELECT A LAWYER

Much like an accountant or a tradie, you should be selective when choosing a lawyer. You will you be sharing confidential information with them and entrusting them to offer you proper legal advice and guide you through a situation you wouldn’t otherwise be able to navigate on your own.
Here are 10 factors you should think about when searching for a lawyer:
1. Long or short term?
Before you begin looking online, or asking colleagues, friends, or family for referrals, you need to address your own needs first. Why do you need a lawyer? Do you have a legal problem that you cannot solve on your own? If so, would a professional be able to help?
After you have identified you do need legal assistance, figure out whether you need a lawyer short term or long term. This will depend on the work you would like done. For instance, do you need a lawyer to provide advice on a current legal situation? This might only require a short term hire or a consultation. On the other hand you might be looking for someone to handle all your legal affairs indefinitely.

2. Area of law
Lawyers tend to specialize in certain areas of law, as it is a very large field of study, similar to medicine. Some cover real estate law, while others pursue business, family, intellectual property, immigration, employment, accident/injury, bankruptcy, criminal, or civil rights law.
Lawyers can also be open to a wide range of situations, in which case they are referred to as general practice attorneys. Smaller communities see more general practitioners because there is limited legal help in the area.
However, if your situation is specific to your business, then you may want to choose someone who has experience in corporate law. Alternatively, if you need help settling a loved one’s estate, an estate planning lawyer would be the best fit.

3. Reputation / Reviews?
When you hire someone to perform a service or offer advice, you want to ensure that they know what they are talking about. You might need to ask for referrals from people who have used them before. You can also look for reviews online.
Personal recommendations or connections can also be valuable, such as friends or family who have worked with a particular lawyer.

4. Location
Laws vary by state. This means you should look for someone in your area who is familiar with the region’s legal requirements.
If you happen to live in a rural area with limited resources, you can use other methods of contact, such as phone or email, to discuss smaller issues. With larger legal matters, or for long term counsel, it’s important to find someone close to you so that you can develop a trusted, face-to-face relationship.

5. Experience
In addition to someone with a specialization in the area of law you require, choose an a lawyer with experience in matters similar to your own. You can find out information about their practicing history by simply asking them, or checking out their firm’s website (if they have one). An attorney with more experience may be more valuable, but only if their experience matches your situation, as well as your budget.
To find out more about an attorney’s past history, you may be able interview them to see if they are qualified to take on your case. Asking questions will give you insight into the type of experience they have, if they communicate well, and most of all, if they can help you.

6. Size of firm
The size of the law firm can affect your decision in a few ways. Larger firms are usually more established and have greater resources, but can also be more costly.
Smaller firms can be more personal and perhaps less expensive, but they might be limited in their services if they don’t specialize in the area of law that you desire.

7. Cost and billing
Ultimately, cost will be a factor when you’re choosing a lawyer. How much you are willing to spend is up to you. You can gather more information beforehand by asking the lawyer for a quote, as well as how they bill their clients. It could be an hourly fee, a flat rate, a contingency fee, a negotiable fee, or possibly even a retainer for future fees.
Find out if the fee includes expenses (such as shipping, filing, and travel) because these costs are not always treated the same and could be billed separately.
If you are not satisfied with the quote or the cost does not suit your budget, shop around and ask the same questions. When you do settle on a firm or a lawyer, always make sure the cost terms are clear and don’t be afraid to talk about price, so there are no surprises.

8. Compatibility
While there are many professional things to consider when choosing a lawyer, their character should also factor into your decision. Find someone that is trustworthy and makes you feel comfortable. Mutual respect is also important. A lawyer who will work hard for you, exercise good judgment, and be thorough and thoughtful in the process is a valuable asset.

9. Availability
Does the lawyer you want to hire have enough time to dedicate to your case? How is their caseload? Can they take on your case immediately? These are important questions to ask if you plan on being in contact with the attorney often. If they appear to be overworked, consider looking for someone else who has the time to attend to your needs.

10. Communication
Communication goes hand in hand with compatibility and availability. Often, between paperwork and meetings, there can be a tendency to fall out of touch. Try to establish proactive communication at the beginning. Mention your preferred form of communication and discuss your hours, so you are both on the same page. This will prevent missed meetings or phone calls. Agree on regular check-in times to discuss updates and ask questions.

WHY ESTATE LAW MATTERS TO YOU

Estate planning goes beyond drafting a will – it includes:

The assessment of assets
The assessment of likely taxation
Advice regarding the possibility of claims against the estate by third parties
The protection of assets

Estate planning is an active process of re-evaluating the estate when circumstances in life change, such as:

Newly married couples or those divorcing
A change to the family’s asset pool
A change in working conditions such as the buying or selling of a business
Changes to superannuation, insurance policies or taxation levels
The establishment of discretionary trusts

A successful plan is made involving all family members as it will take into account not only provisions for your retirement income but also the plans, aptitudes and existing assets of younger generations.

In addition to wills and estate planning services we also offer Power of Attorney and Guardianship, Probate and Deceased Estates and Contesting a Will.

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