How to Hire a Solicitor in Australia: What to Look For, What to Ask, and What to Avoid

You have a legal problem. You know you need a solicitor. But how do you find the right one — and how do you know when you have?

Hiring a solicitor is not like hiring a plumber. The stakes are higher, the relationship is more complex, and the wrong choice can cost you significantly more than the right choice ever would. This guide explains what to look for, what to ask, and what to avoid when engaging a solicitor in Australia.

Solicitor or Barrister — What Is the Difference?

In Australia, the legal profession is divided into two branches: solicitors and barristers.

A solicitor is your primary legal adviser. You engage a solicitor directly. They advise you on your legal position, draft documents, conduct negotiations, manage your matter day to day, and brief barristers if your case goes to court. Most legal work — including commercial disputes, insolvency, director disputes, and debt recovery — is handled primarily by solicitors.

A barrister is a specialist court advocate. Barristers are typically briefed by solicitors to appear in court or provide specialist advice on complex legal questions. You generally do not engage a barrister directly — your solicitor does that on your behalf when the matter requires it.

For most commercial legal matters, your relationship will be primarily with your solicitor. Choosing the right solicitor is the most important decision you will make about your legal matter.

When Do You Need a Solicitor?

You need a solicitor when the legal or financial consequences of getting it wrong are significant. Common situations include:

• You have received a statutory demand and have 21 days to respond before your company faces a winding up application
• You are involved in a commercial dispute — breach of contract, misleading conduct, partnership breakdown
• You are a director facing potential personal liability, disqualification, or a claim that you traded while insolvent
• You are a creditor owed money by a company in liquidation or administration
• You are a shareholder in a dispute with your co-owners or the company’s board
• Your business is in financial difficulty and you need to understand your options — restructuring, voluntary administration, or winding up
• You have been served with court proceedings and need to respond
• You are considering commencing proceedings against someone who owes you money or has caused you loss

The common thread: the sooner you get advice, the better your position. Most legal problems get harder — and more expensive — the longer they are left.

What to Look For When Hiring a Solicitor

1. Relevant Experience in Your Area of Law

Law is not a single discipline. A solicitor who excels at conveyancing is not necessarily well-suited to a complex commercial litigation matter. A family lawyer is not the right choice for an insolvency dispute.

When assessing a solicitor’s experience, look beyond generic claims. Ask specifically how many matters they have run in your area of law, what courts or tribunals they appear in, and whether they have handled matters involving similar facts or similar amounts.

In commercial litigation and insolvency, look for solicitors who regularly appear in the Supreme Court of Queensland or the Federal Court — those are the courts where complex commercial disputes are resolved, and experience at that level matters.

2. A Track Record You Can Verify

Any solicitor can claim to be experienced. The question is whether that experience is verifiable. Look for:

• Doyle’s Guide listings — Doyle’s Guide to the Australian Legal Profession surveys the legal market each year and ranks solicitors and firms by practice area. A listing is an independent signal of peer-recognised expertise.
• Best Lawyers Australia — another peer-review-based recognition, covering specific practice areas.
• Client reviews — Google reviews from real clients provide insight into communication, responsiveness, and outcomes.
• Published decisions — has the solicitor appeared in cases reported on AustLII? A track record in reported matters signals experience at the serious end of the market.

3. Direct Access to the Solicitor Handling Your Matter

At larger firms, you may meet a partner, sign up, and then find your matter is handled almost entirely by a junior associate. This is not always a problem — junior lawyers under appropriate supervision can do excellent work — but you should know who is actually running your matter and have direct access to them.

At a boutique firm, you are more likely to deal directly with the principal or senior solicitor throughout the life of your matter. For complex or high-stakes matters, that continuity and seniority is often worth paying for.

4. Clear Fee Arrangements

Legal fees must be disclosed to you in writing before your solicitor commences work on your matter. This is a requirement under the Legal Profession Act 2007 (Qld). The disclosure must set out the basis on which fees will be charged — whether hourly rates, fixed fees, or a combination — and an estimate of the likely total cost.

Read the costs disclosure carefully. Specifically:

• What are the hourly rates for each person who will work on your matter?
• Is the estimate for the whole matter or just the initial stage?
• What disbursements (court filing fees, barrister fees, expert fees) are likely to be incurred and are they included in the estimate?
• What triggers a revised estimate?

A solicitor who gives you a clear, honest estimate — even if it is higher than you hoped — is more valuable than one who tells you what you want to hear and then presents a surprise bill.

5. Honest Advice About Your Prospects

The best solicitors will tell you when your case is weak. They will not take on unwinnable matters to generate fees, and they will not let you spend money on litigation that is unlikely to produce an outcome commensurate with the cost.

Be wary of any solicitor who guarantees an outcome or who is unreservedly enthusiastic about your prospects without asking hard questions. Good commercial litigation is about risk assessment, not cheerleading.

6. Responsiveness and Communication

Unreturned calls and unexplained delays are the most common complaints clients make about solicitors. Before you engage, pay attention to how the firm communicates during the initial consultation. Are your calls returned promptly? Do you get clear answers? Are you kept informed without having to chase?

Communication standards during the pitch phase tend to be the high watermark. If the firm is slow to respond before they have your money, it is unlikely to improve once they do.

Questions to Ask Before You Engage

A first consultation with a solicitor is an opportunity to assess fit as much as it is to get advice. Consider asking:

1. How many matters like mine have you handled in the last two years?
2. Who will actually be working on my matter day to day, and what is their experience?
3. What is your honest assessment of my position?
4. What does a realistic outcome look like — best case, worst case, most likely?
5. What are the likely costs to reach each stage of the matter?
6. What information or documents do you need from me to get started?
7. Are there steps I can take now to strengthen my position?
8. What would you do if you were in my position?

A solicitor who answers these questions directly, honestly, and without jargon is a solicitor worth engaging.

Red Flags to Watch Out For

Not every solicitor is the right fit for every matter. Watch out for:

• Guaranteed outcomes. No solicitor can guarantee the outcome of litigation. If someone is promising you a win, they are either uninformed or not being honest with you.
• Vague cost estimates. “It depends” is sometimes a legitimate answer, but a complete refusal to estimate costs is a red flag. An experienced solicitor in a given practice area should be able to give you a range.
• Pressure to sign immediately. A retainer agreement is a significant document. You should be given time to read it. Pressure to sign on the spot is a warning sign.
• No specialist experience in your area. A generalist firm may be right for simple matters. For complex commercial disputes, insolvency, or director liability, you want a specialist — a firm that does this kind of work regularly, not occasionally.
• Poor initial communication. As noted above — how a firm behaves before engagement is how it will behave after.

Boutique vs Large Firm — Which Is Right for You?

Brisbane’s commercial legal market ranges from multi-partner national firms to boutique practices. The right choice depends on the nature and scale of your matter.

Large firms offer depth of resources and, in some cases, the ability to run multiple workstreams simultaneously on major matters. They also tend to come with higher hourly rates and more layers between you and the senior lawyer making decisions about your matter.

Boutique firms — particularly those that focus exclusively on commercial litigation and insolvency — often offer more direct access to experienced principals, sharper focus, and comparable expertise at lower overhead. For most commercial disputes in the $100,000 to $10 million range, a specialist boutique is often the better choice.

The key question is not the size of the firm — it is the experience of the solicitor who will actually run your matter.

How Legal Fees Work in Commercial Matters

Most commercial litigation in Queensland is conducted on an hourly rate basis. Rates vary significantly — from around $300 per hour for junior solicitors to $800 per hour or more for senior principals at specialist firms.

Fixed fees are more common for discrete, predictable tasks — drafting a contract, preparing a letter of demand, filing an application. For contested litigation, it is difficult to fix fees across the whole matter because the work required depends heavily on what the other side does.

Conditional fee arrangements (sometimes called “no win, no fee”) are available in some matters under Queensland law, but are subject to strict requirements and are not available in all types of commercial litigation. If a solicitor offers this arrangement, make sure you understand the fee that will apply if the matter is successful — conditional uplift fees can be substantial.

Why the First Move Matters

In commercial disputes, the first 48 to 72 hours often matter more than anything else. Evidence can be preserved or lost. Rights can be exercised or missed. Limitation periods are unforgiving.

If you are facing a commercial dispute, director liability issue, or insolvency matter, do not wait. The best time to call a solicitor was yesterday. The second best time is now.

Frequently Asked Questions

How much does it cost to hire a solicitor in Queensland?

Costs vary significantly depending on the complexity of the matter and the experience of the solicitor. For commercial litigation, hourly rates typically range from $300 to $800 or more. A simple letter of demand may cost $500–$1,500. A contested Supreme Court matter may cost $50,000–$300,000 or more depending on its complexity and duration. An experienced solicitor should be able to give you a realistic cost estimate after an initial consultation.

What is the difference between a solicitor and a lawyer?

“Lawyer” is a general term for anyone who is legally qualified. In Australia, lawyers are divided into solicitors (who advise clients and manage matters) and barristers (who specialise in advocacy and appear in court). Most people who say they are looking for a “lawyer” are looking for a solicitor.

Do I need a solicitor to go to court?

You have the right to represent yourself in most Australian courts, but self-represented litigants face significant disadvantages in commercial matters. Court procedure, evidence rules, and the conduct of litigation are complex. For anything beyond small claims, engaging a solicitor is strongly advisable.

How do I know if a solicitor is qualified and in good standing?

All solicitors practising in Queensland must hold a current practising certificate issued by the Queensland Law Society (QLS). You can verify a solicitor’s registration on the QLS website at qls.com.au.

Can I change solicitors if I am unhappy?

Yes. You have the right to change solicitors at any time. Your former solicitor is entitled to be paid for work already done and may hold your file until their outstanding fees are paid or arrangements are made. If you are considering changing solicitors mid-matter, take advice first — there may be time-sensitive obligations that need to be managed during the transition.

For experienced representation in commercial litigation, contact the team at commercial litigation lawyers Brisbane — Boss Lawyers. Call 1300 267 711 or complete our online enquiry form.

This is general information only and is not legal advice. You should obtain professional advice specific to your circumstances. To speak with Mark Harley, Principal Solicitor at Boss Lawyers, call 1300 267 711 or request a consultation online.