How to Tell If a Law Firm or Lawyer Is Genuine

In recent months, we have met with several clients who first came to us after an experience with another “law firm” had already gone wrong. Money had changed hands, sometimes substantial sums, with very little to show for it in return: no proper documentation, no clear answers, and in some cases, no genuine solicitor involved at all.

Unfortunately, by the time these clients come to us, they have often already lost both time and money, and in some cases, missed important opportunities to protect their legal interests. We have put together this guide not as a promotional piece, but as a practical resource, a set of questions worth asking and documents worth expecting before entrusting any law firm with your legal matter.

Confirm they are, in fact, a practising solicitor

This is the most fundamental check, and the one most easily overlooked. Every practising solicitor in Australia required to hold a current practising certificate. Every genuine firm can be verified through their state Law Society’s public register. In NSW, the Law Society of NSW’s “Find a Lawyer” search allows you to confirm in minutes, whether a person or firm is currently entitled to practise and whether any conditions apply to their certificate.

If a firm cannot be located on this register or is unable to clearly state which Law Society they are registered with, this warrants serious caution.

The Cost Agreement: A legal safeguard, not a formality

This document merits particular attention, as it exists primarily to protect the client.

Under the Legal Profession Uniform Law, which governs the conduct of solicitors in NSW, a law practice is required to disclose to the client, in writing and as soon as practicable after instructions are given, the basis on which legal costs will be calculated and an estimate of the likely total. This obligation applies once anticipated costs exceed a relatively modest threshold. If a firm fails to provide this disclosure properly, the consequences are significant: the cost agreement may be rendered void, and the firm may be prevented from recovering its fees until the matter has been resolved through the appropriate regulatory process.

A properly prepared Cost Agreement should set out in plain language:

The scope of the engagement, and what falls outside it
The basis of charging: hourly rate, fixed fee, or a combination, and the likely total cost
The purpose of any deposit, and how it will be applied as work progresses
The billing arrangements, and the process for addressing any change in scope
The client’s right to query an invoice, negotiate the agreement, or raise a dispute

We recommend reviewing this document carefully before signing and raising any questions before proceeding. A reputable firm will welcome such enquiries. Where a firm requests a significant upfront payment without providing any written agreement, cost estimate, or engagement letter, this should be treated as a serious cause for concern rather than a minor omission.

The Trust Account: Where your deposit should go

One of the easiest ways to identify whether a law firm is operating properly is to ask where your deposit will be held. Many clients are surprised to learn that solicitors generally cannot place client money into their normal business account.

Any money paid to a law firm in advance of services being rendered, a deposit, funds held pending a property settlement, or amounts awaiting disbursement, is not permitted to be held in the firm’s ordinary business account. It must instead be held in a trust account: a separate, regulated account established solely for the purpose of holding client money, kept distinct from the firm’s operating funds. Trust accounts are subject to statutory record-keeping requirements, and law practices are required to lodge statutory deposits and submit to external examination. In practical terms, this means client funds are ring-fenced, and a clear audit trail exists should any irregularity arise.

A firm operating a genuine trust account will readily confirm, usually in writing, where a client’s deposit is held. This information is usually included in the Cost Agreement or an accompanying letter. Oppositely, a request to pay a deposit into a personal account, a general business account, or any account not clearly identified as a solicitor’s trust account represents a departure from what the law permits and should not be treated as a minor administrative matter.

What should you expect when engaging a law firm?

Although every law firm has its own processes, clients should expect certain key steps before a lawyer begins substantial work on their matter. These steps help ensure that both the client and the firm have a clear understanding of the legal issues, scope of work, costs, and responsibilities involved.

At Brightstone Legal, this is the process we follow with every new client:

Step 1: Initial Enquiry

You may contact us by phone, email, social media account or through our website to request a consultation. Our team will collect basic information about your matter and arrange a suitable time to meet with the relevant lawyer.

Step 2: Consultation Fee

A consultation fee applies to most matters, reflecting the time our lawyers invest in properly assessing your situation before providing advice. Fees vary according to the type of matter and the seniority of the lawyer involved, and you will be advised of the applicable fee at the time of booking.

Step 3: Initial Consultation

Your lawyer will assess your matter in detail, provide preliminary advice, and outline the scope of work required. At this stage, you will also receive an estimate of the likely costs and timeframe involved.

Step 4: Cost Agreement

Should you wish to proceed, we will provide you with a Cost Agreement by email. This document sets out the scope of engagement, the fee structure, and the deposit required, and we encourage you to review it carefully before signing, consistent with the disclosure obligations discussed above.

Refer to our previous article: Legal Fees in Australia: Guide to Major Practice Areas for more information on how legal fees are structured across different practice areas.

Step 5: Sign & Pay Deposit

Once you have returned the signed Cost Agreement and paid the required deposit, your matter will be formally opened in our system, with the deposit held in accordance with the trust account requirements outlined above.

Step 6: We Get to Work

Your lawyer and their team will commence work on your matter, keeping you informed at key milestones and remaining available to answer your questions throughout.

This process is not to suggest it is the only acceptable model, but to give a concrete sense of what a properly documented engagement looks like from start to finish, and the points at which you should expect written confirmation of what has been agreed.

Additional points worth verifying

A verifiable physical office: rather than an address that exists only online with no accessible premises.
Professional indemnity insurance: which every practising solicitor is required to hold as a condition of their practising certificate.
Consistency of information: the solicitor named in the Cost Agreement should match the individual providing advice and should correspond with the public register.
The absence of pressure to pay in cash, to a third party, or under urgency such as “before the price increases.” Legitimate legal fees are not structured in this way.
“Guaranteed Win” Promises: A properly licensed solicitor will assess the risks of your matter objectively and will never make improper promises, such as guaranteeing a “100% win” or a “guaranteed not-guilty verdict”, before a case has actually been decided.

The reason we are sharing this

As a bilingual boutique law firm, a significant part of our work involves helping clients navigate a legal system that can feel unfamiliar, often at a stressful point in their lives. We would rather clients feel equipped to ask difficult questions of any firm from the very beginning, than discover after the fact that something was amiss.

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