QLD Second opinions - pet peeves, suggestions

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Poidah

Well-Known Member
9 November 2017
145
6
419
Qld
I am sure there are tons of pet peeves by family lawyers and firms from people getting second opinions. I would love to know what are better ways to get a second opinion while respecting the time and the lower initial fee as well. Document dump of course seems silly, but giving enough info first up can also be misleading.

I am very disappointed with my new partner's family lawyer who does not seem to map out a good longer term strategy. Also the feeling of minimal advocacy nor education about the pros and cons, so seemingly just agreeing with suggestions.
Of course it is disrespectful to shop around but I think it is reasonable to at least get one or two opinions.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
5,044
831
2,894
Sydney
I am sure there are tons of pet peeves by family lawyers and firms from people getting second opinions.
I look at Family Law lawyers with a respect bordering on bewildered awe.

Speaking for myself, I find family law clients much, much, more difficult to deal with than
tax cheats, dodgy company directors, Centrelink cheats, habitual driving offenders,
lunatic-right-wing-union-basher employers, illegal immigrants, drug dealers, armed robbers,
and drug-dog-detected English rich kid backpackers.

The new partners/ spouses of family law clients can be even more difficult to deal with.
This because they tend to fill clients' heads with stuff like

"You should get/have/do/say...";
"You have a right to...";
"That's not what my cousin's lawyer did...";
"Google says..."
and, of course,
"I asked about this on lawanswers.com.au, and
some guy who said he'd been through the same thing said..."


In dealing with a lawyer, it can be helpful to understand the following
  • A lawyer can sack a client where the lawyer does not have confidence that the client will take their advice.
    -> And you still have to pay them for the work they've done "so far".
  • A lawyer can also either sack a client, or refuse to take one on, if that client (or would-be client)
    lies when asked a question like "Do you already have a lawyer?"
    -> And they can still bill you for a meeting where they decide that don't want to take you on.
  • You (or your partner, as applicable) can ask your existing lawyer to explain the how and why (and the why not)
    of what they're doing. Do not, however, expect them to show how to DIY, unless you're prepared to pay full rate for the time and skill.
  • Same with "Can you just look over what I've done and tell me if it's OK?"
  • Very often Sometimes what a client "wants" isn't achievable - often because there is no evidence,
    and/or no grounds upon which to base an application.
    Sometimes, what they "want" isn't even available at law.
  • A lawyer is not obliged to be (and, indeed is not allowed to be) the mere mouthpiece of the client.
    Rather, their job is to apply skills and knowledge to the client's facts and circumstances.

A couple of other things....

We're not actually allowed to "fight" just for fighting's sake.
Nor are we allowed to "fight"just because the client is filled with resentment
and wants power-balance-restoring vengeance (take note, estranged husbands).
We're not allowed to "fight on" if we know, or believe,as a matter of professional judgement,
that the client won't "win".
Nor are we allowed to be anything even close to as hysterical as you see on TV.

If your partner is having an unsatifsfactory customer service experience,
then they should start by having a sit down with the lawyer to sort it out.

As to showing respect, you do that by paying the bill in full before you go elsewhere.
 
  • Like
Reactions: Mum9son

sammy01

Well-Known Member
27 September 2015
5,154
721
2,894
ouch BRUTAL Tim... But accurate...
Unless you give the good folk here a bit of the picture, you're not gonna get any good advice.

so get some free opinions here from folks who are not solicitors (mostly) and frankly sometimes that advice is better than the blood suckers (sorry Tim)
 

Atticus

Well-Known Member
6 February 2019
2,045
299
2,394
Just because a person has a law degree doesn't mean the advice they are giving you is good or even accurate.

Frankly I'm afraid some practicing family law don't deserve the $450 + per hour, plus paperwork, plus phone calls, plus emails, plus photocopying, +++ they charge... I have seen many examples of poor or just plain incorrect advice, incredibly tardy paperwork, missed deadlines, etc, etc & one of the biggest gripes, lack of proper communication & just simply making sure thier client understands what is going on.

Of course a person is entitled to a second opinion if they lack confidence in their lawyer, the same as in any profession..
 
  • Like
Reactions: Mum9son

Poidah

Well-Known Member
9 November 2017
145
6
419
Qld
frankly sometimes that advice is better than the blood suckers (sorry Tim)

I agree sammy01!
Family lawyers are keen to prolong and flesh out all the legal processes to the benefit of both legal teams. In the end the clients will have to do their own consent orders most of the time. There needs to be a set of guidelines that help set reasonableness in the negotiation.

Anyways, getting second opinions are helpful. I didn't know that the "good" family lawyers are busy and usually booked out for weeks/months (no surprise that my current one isn't). Finding out what is helpful for a new lawyer to provide a decent opinion is helpful. I tend to send over tons of documents, but they may not helpful for initial discussion.
 

John Z

Well-Known Member
17 June 2020
18
0
76
ouch BRUTAL Tim... But accurate...
Unless you give the good folk here a bit of the picture, you're not gonna get any good advice.

so get some free opinions here from folks who are not solicitors (mostly) and frankly sometimes that advice is better than the blood suckers (sorry Tim)
I agree, my lawyers were more concerned with pushing me to go to court and get a court order for about $30,000 (there estimate) to sell a house as the ex refused any mediation or any attempt to do settlement. They were concerned that my ex wife couldn't afford mediation. Yes thats correct, the genius I was paying to represent me and help me get settlement done so I could get my ex out of my life was more concerned about her.
After a very long reply where i pointed out a lot of bias against me they terminated me as a client and waived the final fee they were owed. That just told me I was right on the spot and hit a nerve. I also threatened to go to the State Law Society and make a formal complaint.
I have basicaly given up now, they chewed up all my money. I decided to change my will and leave my share of the property to a charity and they have a history of being bulldogs to get there share. So in the end she will not win.
Thats all that matters to me.