Law
Australia Lawyer for Immigrants – 12 ways to Hire an Attorney in Australia
What do you call a priest who becomes a lawyer??? A Father-in-law? Got it?
Finding the right attorney can make a significant difference in the outcome of your legal matters.
The Australian legal market has remained resilient despite the worldwide economic slowdown in 2020 but is now experiencing turmoil as new challenges arise on a daily basis.
During the last fiscal year, legal service demand in Australia grew 6.5% in the first quarter but experienced a 4.4% contraction during the 4th quarter. These figures are according to the just released 2022 Australia: State of the Legal Market Report. Once outperforming its global counterparts, Australia’s legal industry is facing turmoil–uncertainty over inflation, international conflict, and the shortage of legal talent.
So, whether you’re dealing with a complex business issue, personal injury, family law, or any other legal challenge, hiring a competent and trustworthy attorney is crucial.
Sit back as I take you on a jolly ride on 12 ways to hire an attorney in Australia:
1. Determine Your Legal Needs
Understanding the specific legal assistance you need will help narrow down your search. Attorneys specialize in various areas such as family law, criminal defense, corporate law, immigration, and more. Identifying your needs ensures you seek out an attorney with the right expertise.
2. Research
The internet is a valuable resource for finding attorneys.
Use legal directories, law firm websites, and review sites to compile a list of potential attorneys.
Websites like Law Society of NSW, Find Law Australia, and Legal Vision offer directories and reviews.
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3. Ask for Referrals
Word of mouth is a powerful tool. Ask friends, family, or colleagues if they can recommend an attorney they’ve had a positive experience with.
Personal referrals often provide insights into the attorney’s effectiveness and client service.
4. Check Qualifications and Experience
Verify the qualifications and experience of the attorneys you’re considering.
Look for their education, years of practice, and specific expertise in your legal matter. Many attorneys provide this information on their websites or profiles on legal directories.
5. Read Client Reviews and Testimonials
Client reviews and testimonials offer a glimpse into an attorney’s reputation and client satisfaction.
Websites like Google Reviews, Yelp, and the attorney’s own site can provide helpful feedback from previous clients.
6. Verify Licensing and Disciplinary Records
Ensure the attorney is licensed to practice law in Australia and check for any disciplinary actions.
The Law Society in each state and territory provides information on licensed attorneys and any disciplinary history.
7. Schedule Consultations
Many attorneys offer free or low-cost initial consultations.
Use this opportunity to discuss your case, ask questions, and evaluate the attorney’s communication style and expertise.
This meeting can help you determine if you’re comfortable working with them.
8. Discuss Fees and Billing
Understanding the attorney’s fee structure is crucial.
Ask about their hourly rates, flat fees, retainer fees, and any additional costs that may arise.
Ensure you are clear on how you will be billed to avoid any surprises later on.
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9. Evaluate Communication Skills
Effective communication is key in a lawyer-client relationship.
Pay attention to how the attorney explains legal concepts and whether they listen to your concerns.
A good attorney should be able to communicate complex legal terms in a way that you understand.
10. Consider the Attorney’s Availability
Find out how accessible the attorney will be throughout your case.
Ask about their availability for meetings, how quickly they respond to emails or calls, and whether they will be personally handling your case or delegating to others in their firm.
11. Assess the Firm’s Resources
If your case is complex, you may benefit from hiring a law firm with significant resources.
Larger firms often have teams of attorneys, paralegals, and support staff who can provide comprehensive legal services.
However, smaller firms or solo practitioners may offer more personalized attention.
12. Trust Your Instincts
After considering all the factors, trust your instincts.
Choose an attorney you feel comfortable with and confident in.
The right attorney should not only have the necessary skills and experience but also make you feel heard and respected.
Things to consider when looking to hire an Australian immigration attorney
1. Stability
You should aim for a stable and sizable company to manage your migration case, as they will be adequately resourced and equipped to prioritise your matter, even during periods of decline or economic instability.
COVID-19 is a prime example of how swift and unexpectedly such an event can occur.
2. Choose a Migration Lawyer
The difference in title may seem insignificant, however, a migration lawyer is a far more attractive option than someone who practices only in the capacity of a migration agent.
While both may provide immigration advice and assist in lodging visa application, a migration agent must only complete a 12 month certificate or diploma to become registered, whereas a migration lawyer must first complete a law degree followed by practical legal training.
3. Professional experience
Important factor you should look for in a migration lawyer is experience.
With experience comes knowledge and skill developed through practical experience and application, something which can only be acquired through years of accumulated experience and industry exposure.
The more experienced your migration lawyer, the more likely it is that they have seen and handled matters similar to yours.
I will also let you know the difference between an immigration lawyer and a Migration Attorney as migrating to a new country can be complex and challenging.
Let’s take a look…
1. Higher level of education.
Immigration lawyers have a higher level of education and training compared to migration agents.
While migration agents are required to complete a year-long Graduate Diploma in Australian Migration Law and pass a licensing exam before becoming a Registered Migration Agent with OMARA, Australian legal practitioners are required to complete a bachelor’s degree in law, undertake practical legal training, and obtain a legal practising certificate from the relevant law society.
2. Higher level of representation
Immigration lawyers can provide a higher level of legal representation compared to migration agents and provide advice on other legal matters that might relate to your migration queries.
Although migration agents can assist with merits reviews in the AAT, Immigration lawyers are qualified to provide legal advice and representation to Australian courts, whereas migration agents are not.
3. Higher level of professional conduct standards
Migration agents are not regulated to the same extent as lawyers, and do not have the same level of accountability.
While Immigration lawyers are regulated by the Legal Practitioners Act and Regulations and are closely monitored by the Legal Practitioner Conduct Commission, migration agents are only subject to the OMARA’s guidelines and regulations.
Remember, the right attorney is more than just a legal expert—they’re a trusted ally in your corner, ready to fight for your best interests. So take your time, do your research, and trust your instincts. Your ideal legal partner is out there, ready to help you achieve the justice you deserve.
Court rise!
