To instruct a lawyer simply means to engage one to act for you and to tell them what you want done. Most people do it only a few times in their lives, often under stress. A little preparation makes the first meeting more useful, keeps the cost down, and helps you choose the right person.
Find a lawyer who does the work you need
Law is specialised. A lawyer who is excellent at buying and selling houses may never go near an employment dispute. Look for someone who regularly handles your kind of problem, in a place that suits you. Anyone practising as a lawyer in New Zealand must hold a current practising certificate, which you can check on the New Zealand Law Society's register.
Most people start with a solicitor or a law firm. Barristers specialise in court work and advice. Some accept instructions directly from the public in certain kinds of case. Otherwise a solicitor instructs the barrister on your behalf.
Before the first meeting
- Write a short timeline of what happened, with dates
- Gather the key documents, such as contracts, letters, emails and any court papers
- Note any deadline you know of, because some legal time limits are strict
- Decide what outcome you actually want, and what you could live with
When you make contact, the lawyer will check that they have no conflict of interest, for example because they already act for the other side. For some work, such as property and trusts, the law requires them to verify your identity before they can start.
Talk about money at the start
Lawyers are required to tell you in advance how they charge, and their fees must be fair and reasonable. Ask whether the work will be billed at an hourly rate or for a fixed fee, ask for an estimate, and ask to be told if that estimate is likely to be exceeded. Find out how often you will be billed and whether money is needed up front. If you cannot afford a lawyer, ask whether legal aid might be available, or contact your local Community Law Centre.
Read the letter of engagement
Before or soon after starting work, your lawyer should give you written client care information, usually in a letter of engagement. It sets out what they will do for you, who will do it, how you will be charged, and how to complain if something goes wrong. Read it and ask about anything that is unclear. If you agreed a limit on the work, make sure the letter says so.
Be a good client
Your lawyer advises, and you decide. They act on your instructions, so make those instructions clear, preferably in writing. Tell them everything, including the facts that do not help you. What you say is confidential, and a lawyer who is surprised later cannot protect you. Reply promptly, keep copies of what you send, and ask for regular updates if you want them.
If things go wrong
Raise the problem with the lawyer or their firm first. If that does not resolve it, the New Zealand Law Society runs a complaints service. You are also free to change lawyers.
This article is general information, not legal advice. When you are ready to find someone, describe your situation to lawdbl and we will suggest lawyers who do that kind of work.