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Frequently Asked Questions

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Frequently Asked Questions

What makes a good lawyer?

There are many aspects to being a “good lawyer”. Firstly, you should consider what type of legal advice you need. Not many lawyers have expertise across all types of law. Finding someone who is experienced in the type of law your matter relates to and can address your specific need is best.

Most individuals have periodic legal needs, unlike businesses that require legal advice more often. If you are a business or organisation, you should find a lawyer or a law firm that has a wide practice area. Relevant industry experience is essential for some types of law such as franchising etc.

What is the difference between a lawyer and a solicitor?

There is no difference between lawyer and solicitor. They are both exactly the same. The term lawyer is more commonly used throughout the legal profession now and the term solicitor is still used, but not formally.

Is a conveyancer a lawyer?

Conveyancers are not lawyers. They are qualified to perform conveyancing and can only provide very limited advice. This relates strictly to real estate contracts and a handful of conveyancing related notices and they often prepare licence agreements. Only lawyers can prepare and provide advice on other legal documents and agreements etc. It is important to understand the limitations of a conveyancer, as if you rely on advice outside their scope you won’t be covered by insurance if you had to make a claim for professional negligence.

Do need a juris doctor to be a lawyer?

The Juris Doctor (JD) has only been introduced in the last decade in Australia and is only available to post graduate students. Lawyers can become qualified if they study either a JD or a Bachelor of Laws (LLB). They are also required to complete practical legal training (PLT) to be admitted into practice. In Victoria and Melbourne lawyers are required to complete this either with experience in a law firm for a prescribed period of time or via a PLT course provider.

Why do businesses need lawyers?

Businesses have many legal needs and often require advice to avoid costly legal exposure. From incorporation or a deciding on a business structure or acquiring a business there are many legal considerations to finding the best solution. Businesses frequently have legal documents in the form of terms of trade, lease agreements, intellectual property, employment contracts and many more considerations. Businesses at times will need help with debt collection and litigation as well. Business owners and entrepreneurs often don’t understand the finer points and legal complexities as they don’t see the outcomes and disputes that arise. Commercial and litigation lawyers have the experience and understanding of providing advice to many businesses and seeing what works and what doesn’t. This unique perspective helps them to protect their clients in their commercial dealings.

Can lawyers decline cases?

Yes, lawyers can decline a case. There can be a variety of issues and possibilities as to why a lawyer will decline a case. Some reasons could be low likelihood of a successful claim; suitability of a client; difficulty in obtaining instructions; lawyers’ preference or experience; conflict of interest; capacity to take on additional work.

Do you need a lawyer for a prenup?

Yes, a prenup is called a binding financial agreement. For a binding financial agreement to be legally enforceable both parties must receive independent legal advice.

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