QLD Defendants Rights with Legal Representation

[Logman]

Good evening all,
I recently appeared in Court due to a charge of Domestic Violence from my former spouse.
Prior to Court proceedings I provided my Legal Counsel with 27 pages of documentation and evidence that my former spouse had completely lied about any and all forms of Domestic Violence.
This was indisputable evidence as it was "factual" with evidential proof.
On the day of the hearing my Lawyers failed to present the documentation and forced me to plead guilty to the charges.
I was in complete shock and emotional distress at the time and I pleaded guilty.
Upon reflection afterwards, I emailed my Lawyer to request an explanation as to why they didn't present the evidence, however, they have failed to respond after a week.
I have also lodged an appeal against my conviction and have already retained a new Lawyer.

My Legal defense cost me over $3,500 on the day (money which I was quite prepared to part with as I was confident, with all evidence presented, that I would be cleared of all offences). I don't have a lot of money and am not eligible for Legal Aid. That's another story, however.

I just want to prove my innocence, which I can, and have my Beautiful Boys, whom I haven't seen in over 3 years, back in my Life. I still have Family Court Proceedings eminent, however, my Former Wife will continue to use lies of Domestic Violence to keep me away from them. They are 13 & 14 Years old and need their Dad. We were so close before my ex-Wife's lies took them away from me.

My main enquiry is; Can I refuse to pay the expenses to the Legal Firm as they were negligent in representing me, or do I need to pay them and then attempt to claim back afterwards which would incur more legal fees, albeit I could include that in the claim for costs.

I fully appreciate any/all expert advice.

Respectfully
Logman

 

[Rob Legat - SBPL]

For a start you should acknowledge that the representation may not have been negligent. What can appear to be ironclad evidence to the average person may not be so in a court of law. It's one thing to have a piece of evidence, but it also has to be admissible and relevant. It may also not help much if there is a insurmountable amount of evidence against you from another aspect.

Next, no lawyer can 'force' you to plead guilty. They may strongly recommend you do so, or even terminate their retainer in some circumstances if you fail to do so, but they cannot act contrary to your instructions or make you plead a certain way.

Those issues aside, you can dispute their fees and the quality of their representation. If you feel the lawyer isn't being responsive to you within a reasonable timeframe of having raised the query, you should take your complaint to the Legal Services Commission - www.lsc.qld.gov.au They're the government agency that handles legal complaints in Queensland.