What to discuss at the first meeting
Start with the decision being challenged, the court that made it and the decision date. An appeal assessment focuses on available grounds and procedure, rather than simply repeating the original case.
Ask whether the engagement is an initial merits assessment, preparation of an appeal or representation through its conclusion.
Working with a firm in South Coast
The South Coast directory area stretches across several separate towns, from Nowra and Ulladulla to Bega and Eden. An office somewhere in the region may still be a substantial journey from home.
For criminal appeals, ask which parts of the work the firm handles itself and whether it has relevant NSW experience. Let the lawyer know if a property, employer, other party or existing proceeding is outside South Coast. Your home address alone does not determine the applicable process.
How the engagement may progress
Send the charge, summons, bail paperwork and hearing dates through the method requested by the lawyer. Identify whether you are enquiring for yourself or someone else.
Ask what evidence is available and what must be obtained. Decisions about a plea or statement should follow advice on your own circumstances.
Confirm who will attend the next event, where to meet and what preparation is included. Ask how changes in the case would affect the estimate.
Fees and the scope of work
One mention, a contested hearing and an appeal are different scopes of work. Ask about preparation, barrister fees and additional appearances.
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
Make hearing dates and bail conditions clear at first contact. If the firm cannot assist in time, ask about an available practitioner or the relevant legal-aid service.
Questions to ask a criminal appeals adviser
- What grounds are available to assess?