Worked Estimates and Checklists
First lawyer consultation: costs, what to bring and the questions to ask
Whether a first consultation is free, how initial meetings are charged, what to prepare, and a checklist of cost questions to ask an Australian lawyer before you instruct them.
A first consultation with a lawyer in Australia may be free, fixed-price or charged hourly, depending on the firm and the area of law, so ask before you book and get the answer in writing. Prepare a one-page timeline and the key documents, and use the meeting to get three things: a view on your options, the next step and its cost, and how the lawyer would charge for the whole matter. If you leave without a written estimate for the next step, you have not finished the meeting.
This guide is part of how to estimate legal costs. Figures are illustrative.
How first consultations are usually charged
| Model | What you get | Watch out for |
|---|---|---|
| Free initial meeting (often 15 to 30 minutes) | A short assessment and an outline of costs | It may be a sales meeting; advice may be limited |
| Fixed-fee first consultation | A set time (for example one hour) for a set price | What happens if the meeting runs over |
| Hourly from the first minute | Full advice billed at the normal rate | Ask for an estimate of the meeting length |
| Free through a legal aid commission or community legal centre | Free advice for eligible people | Limited time; may not lead to representation |
| Law society referral | Referral to a lawyer, sometimes with a reduced-cost first meeting | Check the arrangement with the firm |
No win no fee firms in personal injury and employment often offer a free first assessment because they decide whether to take your case on.
Before the meeting: what to prepare
- A one-page timeline with dates: what happened, who said what, what you have already done.
- Key documents in date order: the contract, letters and emails, invoices, photos, court or tribunal papers.
- Deadlines: any date on a court document, a notice or a letter. Highlight it.
- What you want: money, an apology, a repair, a stop to something, or to understand your risk.
- Your budget: what you could afford to spend, and whether you need a payment arrangement.
- Names of the other parties, so the firm can check for conflicts of interest before the meeting.
Organised material saves billed time. Illustrative: if a lawyer at $440 an hour spends 30 extra minutes sorting a bag of unsorted emails, that costs $220.
Questions to ask about your case
- What are my options, including doing nothing or using a tribunal?
- What are the realistic outcomes and roughly how likely is each?
- Are there time limits that apply to me?
- What is the next step and what would it achieve?
Questions to ask about costs
- How will you charge: hourly, fixed, capped or no win no fee?
- What is your hourly rate, and the rate of anyone else who will work on this? Including GST?
- What time units do you use, and are emails and calls charged?
- What will the next step cost, and what is your estimate of the total?
- What disbursements should I expect, such as barristers, experts and court fees?
- If this goes to court, what might I recover if I win and pay if I lose?
- Do you need money in trust before you start? How much?
- How often will you bill me, and when will you warn me if the estimate changes?
The answers should appear in the written costs disclosure. Check it with the costs agreement checklist.
After the meeting
- Ask for a short email summary of the advice and the next step.
- Make sure you have the costs disclosure before you instruct the firm, if costs are likely to exceed the disclosure threshold ($750 under the Uniform Law in NSW, Victoria and WA; $1,500 in Queensland). See costs disclosure rules.
- If you want to compare, see one or two other firms and use comparing lawyer quotes.
- Do not let a deadline pass while you decide.
Red flags at a first meeting
| Sign | Why it matters |
|---|---|
| No mention of costs at all | Disclosure is required above the thresholds |
| Pressure to sign the same day | You have a right to take time and, for no win no fee, a cooling-off period |
| A guarantee of the outcome | No lawyer can guarantee a result |
| A fee based on a percentage of your damages | Generally banned in Australian litigation |
| Refusal to say who will do the work | You cannot test the estimate |
You can check that a lawyer holds a current practising certificate on the register kept by the law society or regulator in your state.
Frequently asked questions
Is the advice in a free meeting reliable?
It can be, but it is usually brief and based on limited documents. Treat it as a first view and confirm important advice in writing.
Can I bring someone with me?
Usually yes, but the lawyer may ask to speak to you alone, for example to make sure your instructions are your own. A support person can take notes.
Do I have to pay for the first meeting if I do not hire the firm?
If it was charged, yes. That is why you should confirm the charge before you book.
Sources
- Law Society of NSW — finding a solicitor and checking practising certificates in NSW
- Queensland Law Society — finding a solicitor in Queensland
- Law Society of Western Australia — finding a lawyer in WA
- Victorian Legal Services Board + Commissioner — the register of lawyers and six questions to ask about costs
- Community Legal Centres Australia — free advice if you cannot afford a lawyer
