What to discuss at the first meeting
Describe the commercial agreement, disputed conduct, amount and desired result. Ask the firm to assess a proportionate path before assuming proceedings are the best first step.
Agree on review points for strategy and costs, including expert and barrister involvement.
Working with a firm in Mornington Peninsula
Mornington and Rosebud are useful starting points for comparing Peninsula firms. If a matter concerns a home used by relatives, a holiday property or an estate, explain the ownership and any informal arrangements.
For commercial litigation, ask which parts of the work the firm handles itself and whether it has relevant VIC experience. Let the lawyer know if a property, employer, other party or existing proceeding is outside Mornington Peninsula. Your home address alone does not determine the applicable process.
How the engagement may progress
Explain the transaction, amount involved, parties and desired result. Provide the current agreement and relevant entity or trust details.
Ask which risks need legal, accounting, tax or technical advice. Identify essential terms and those you are willing to negotiate.
Agree who negotiates, approves documents and tracks continuing obligations. Clarify whether post-completion advice is included.
Fees and the scope of work
Request a defined scope or staged budget with assumptions about document review and negotiation rounds. Personal guarantees, tax and related disputes may need separate work.
Ask for a written scope identifying the work you are authorising, the person responsible and when costs will be reviewed. If you only want advice on one step, say so before the firm begins wider work.
Dates to raise at first contact
Highlight signing dates, finance conditions and demands. Raise an inability to meet debts immediately so appropriate advice can be identified before further commitments.
Questions to ask a commercial litigation adviser
- What evidence would affect the assessment?