The Ugly Truth About Hiring A Lawyer

Hiring A Lawyer

On many occasions, we are consulted by people who have experienced a family breakdown and they have undertaken a significant amount of research online – the legal equivalent to consulting “Dr. Google” when we feel unwell.

Whilst there is undoubtedly a large amount of information available via the internet, much of it of high quality, there is also an enormous amount of misleading, inaccurate, or irrelevant information available.

In principle, of course, it is a good thing that people become better informed and better able to understand their situation. But just as “Dr. Google” won’t replace your local GP or hospital specialist any time soon, the internet rarely enables even the most diligent researcher to replace the skills and experience of an experienced, knowledgeable solicitor.

Going It Alone

We have sometimes been consulted by people who have attempted to draft Court documents themselves, only to have them rejected, sometimes more than once, by the Court because despite their best efforts they simply cannot get the documents correct. 

At other times we are consulted by people who have formed a clear and definite view about what the outcome should be to their family law situation, based on their online research. Our real-world experience and legal knowledge may provide a different perspective and help them see alternative solutions. On many occasions, we have seen homemade wills that have a serious technical error that renders them invalid.

Value For Money

Whilst legal fees may be expensive, a good solicitor will give you value for money. They will listen to you and understand your situation, use their experience and commercial good sense to apply the law, and assist you to find practical, sensible, personalized solutions to your circumstances. 

Many times we have been able to save our clients money by providing sensible advice or by using our experience to find solutions that they were otherwise unaware of. We consider this part of our obligation to keep our clients ‘Ahead Of The Game’.

For a no-obligation, free 20-minutes initial consultation with one of our experienced solicitors, please call us on 1800 217 217 

Article Source: Hiring A Lawyer

Welcome To Aylward Game Solicitors Brisbane

Aylward Game Solicitors Brisbane are a modern and dynamic firm of Brisbane Solicitors and Brisbane Family Lawyers who are strongly committed to traditional professional values of the legal practice in Australia.

The legal force Aylward Game Solicitors Brisbane, and their collective lawyers will harness nearly 80 cumulative years of experience in the fields of Commercial & Business law, Brisbane family law, Wills & Estate Planning Law, Complex contract, Commercial Litigation, Employment law and Property law & Conveyancing; with particularly strong expertise in children’s matters, de facto, divorce, mediation and dispute resolution as well as vendor finance and a wide suite of business, banking and finance law services. 

BRISBANE LAWYERS

Aylward Game Solicitors comprise a powerhouse team of Brisbane Lawyers and supporting staff that are committed to the traditionally practiced values of the legal profession.

The legal force Aylward Game Solicitors and their collective lawyers will harness nearly 80 cumulative years of experience in the fields of family law, employment law, and commercial business law; with expertise in divorce and dispute resolution as well as vendor finance and the full range of business, banking and finance law.

If you are searching for Brisbane’s Best Law Firm and seek to be represented by Brisbane Lawyers with an astute eye on providing value backed legal services, then look no further than Aylward Game Solicitors in Brisbane. Our Brisbane Lawyer Team is standing by and ready to handle your matter with attention to detail and professional knowledge in the right area of law. Let us guide you toward a fast and positive outcome and jettison the need to stress about your legal issues.

Article Source: Brisbane lawyers

SHOULD YOU USE A DIY WILL KIT OR HIRE AN ATTORNEY?

 

DIY will kits are becoming increasingly more popular and many are available for purchase online. Having a will is important on many levels, particularly if you have a sizeable estate, and even people with not much in the way of material possessions and money should still have some sort of will.

Do Your Own Will? Hire an Attorney?

But should you attempt to transcribe your own will just to try and save some money, or is that a task best left to a professional; hire a solicitor or hire an Attorney who specializes in wills and estates?

A DIY will kit can be handy in the sense that it’ll give you an idea of the types of things to include in your will, but it’s still highly advisable to have a trained professional prepare the will and distribute your estate.

Below are just a few reasons why DIY will preparation is not in your best interests.

The Cons of DIY Will Kits

DIY wills can often be unclear and ambiguous. They can even be misinterpreted and therefore left open to challenge by those in disagreement with the will.

Generally, when one prepares their own will, they are doing so to avoid involving a law firm. Therefore, they appoint a friend or family member as the executor of the will. Unfortunately, this person with their newfound responsibility likely doesn’t have the knowledge, experience or expertise to act as an effective executor, and therefore struggles to adequately fulfill the obligations bestowed upon them.

There is also the chance the executor has a conflict of interest, such as a business partner of the deceased.

If there is disagreement over the will between siblings, for example, how will you plan a resolution to that conflict and challenge when writing your own will?

Another common mistake is to leave assets to people that you either don’t actually own, or don’t fully own, such as a joint business or family trust.

And one of the most common problems with DIY wills is they get misplaced or lost and are unable to be found when the time comes.

Wills are an extremely important document and should be treated as such.

Call An Expert for Will Preparation

Don’t take chances. Have your will prepared and executed by a professional. At Aylward Game Solicitors in Brisbane, Gold Coast and Sunshine Coast,

We specialize in wills and estate planning, so trust one of your life’s most important legal documents to us and give yourself complete peace of mind.

Article Source: Wills and Estate Planning

Have You Got A Fake Suit?

We often see newspaper reports and media reporting on fake lawyers and this is concerning to us. But what can you do to make sure your lawyer is legit?

A Fake suit is clearly a situation where they’re engaging in a defamatory statement, a false statement about another that damages that person’s reputation”. In that situation, that is certainly actionable.

We wish to remind the community that if someone is concerned and wishes to ensure that their solicitor is properly registered as a solicitor they can check with the Queensland Law Society, either by phone or online.

It’s a criminal offense to pretend to be a lawyer when you are not, but in truth prosecutions are rare.

Practising law is a regulated profession and only certified lawyers are allowed to do certain things, (such as appear on behalf of someone else in Court or be paid to undertake litigation).

How to become a (real) lawyer:

To practise as a solicitor in Queensland involves four steps:

1. Completion of an approved law degree
2. Completion of an approved practical legal training course or a supervised traineeship
3. Application for admission to Roll of Lawyers
4. Application for a practising certificate

A practising certificate is required to practise law in Queensland. Certificates are issued pursuant to s.49 of the Legal Profession Act 2007 and must be renewed annually.

For details on how to proceed if you have qualified overseas, access the below links:

• Application for assessment of overseas qualifications
• Information kit to apply for skills assessment
• FAQ for assessment of overseas qualifications
• Guideline for assessing overseas applications issued under Rule 9AA(1)(c)

Practitioners who intend to practise as principals are also required to successfully complete the QLS practice management course. This course expands practitioners’ managerial skills and helps them to easily transition to the role of principal.

SOURCE: https://www.qls.com.au/For_the_profession/Your_legal_career/Become_a_solicitor

To become an Accredited Specialist in law:

https://www.qls.com.au/For_the_profession/Professional_development/Specialist_accreditation/Eligibility

In summary, Accredited Specialists undertake more training. For example, you have to be admitted as a lawyer for a minimum of 5 years, with 3 years (before the application for accreditation) being almost exclusively in the area of specialism. You also have to undertake additional exams, however, it varies between the specialist areas what exactly is required.

To remain as Accredited Specialists, you even have to do additional hours of CPD every year which must be in the area of specialisation. It’s very intensive. You can always check to ensure you are dealing with an Accredited Specialist by asking for the lawyer’s credentials.

What are Lawyers Allowed To Do?

To answer the question of what are lawyers allowed to do those other people can’t, the Legal Profession Act (QLD) says only people who are admitted as lawyers are permitted to engage in legal practice.

Are you dealing with a genuine suit? It pays to be sure.

Here’s ACA’s recent story on a fake suit lawyer that got busted.

Article Source: A Fake Suite

The Rule in Jones v Dunkel - Aylward Game Solicitors Brisbane

   

The tenet of this case is very handy and useful to both courts and legal practitioners. Basically, when there is an unexplained failure by either a plaintiff or defendant in civil proceedings to tender a document as evidence or call a witness, the court may draw an inference that the uncalled evidence would not have assisted the party.

The case concerned a civil negligence action. The High Court held that the jury should have been told that any reference favorable to the plaintiff from the evidence might be more confidently drawn when a person presumably able to put the true complexion on the facts relied on as the ground for the inference has not been called as a witness by the defendant, and the evidence provides no sufficient explanation for his absence.

Against the above background and since this case was decided, the courts have held that the mere absence of a witness does not necessarily support an inference that the witness would not have helped the impugned party’s case. That said, in RPS v R (2000) 168 ALR 729, the majority of the High Court expressed caution about the principle and said that:

“…it is essential to note its limits. It relates to the drawing of inferences or conclusions from other facts…the mode of reasoning which is described proceeds from the premise that the person who has not given evidence not only could shed light on the subject but also would ordinarily be expected to do so.”

In RPS, the trial judge directed the jury about the accused’s election not to give evidence and how – in the absence of his explanation, contradiction, or denial – they might weigh the strength of the prosecution evidence. The jury found him guilty of four counts of sexual intercourse.

The particular difficulty with cases in line with RPS’s outcome is that— they mislead on the term and meaning of silence. When silence becomes impossible or when it becomes irresistible, how one should draw an inference, and whether that inference is the correct answer. That said, one thing is certain and that is— silence must be able to justify itself in a way that it would not invite speculation as to its meaning.

Article Source: The Rule in Jones v Dunkel