What to discuss at the first meeting
Identify the professional engagement, advice or work in question and the loss said to follow. An unsatisfactory result and a legally supportable claim are not the same assessment.
Ask about the cost of investigating the matter before committing to a claim.
Working with a firm in Far West
A Far West search starts with Broken Hill, but the right adviser may also be available remotely. For a matter involving another state, explain where the event occurred and where any property, employer or other party is based.
For professional negligence, 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 Far West. Your home address alone does not determine the applicable process.
How the engagement may progress
Prepare a chronology, agreement or policy, important communications and a calculation of any claimed amount. Distinguish firsthand facts from assumptions.
Discuss negotiation, a complaint scheme, mediation, a tribunal or court. Ask which options are available for this particular matter.
Agree on a first step and a point to reassess progress and cost. Before settling, understand what claims would be released and how obligations would be recorded.
Fees and the scope of work
Request stages for advice, correspondence, negotiations and proceedings. Discuss filing, expert and barrister costs and any potential liability for another party’s costs.
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
Provide every demand, decision and court document with its date. Do not assume informal negotiations suspend a response or filing deadline.
Questions to ask a professional negligence adviser
- What evidence is needed about the standard of work?