How Much Does It Cost for a Lawyer to Represent You?

A question that our solicitors get asked frequently at Go To Court Lawyers is ‘how much does it cost for a lawyer to represent you in court?’ The cost of legal representation depends on a number of factors including how much experience the lawyer has, the type and complexity of the matter, and the fee structure the firm uses. This page outlines the costs associated with having a lawyer represent you in court in Australia.

Cost depends on the lawyer’s experience

If you are seeking legal representation from a private law firm in Australia, the hourly rate you will be charged will depend on the level of experience that lawyer has. Hourly rates for junior solicitors usually vary between $200 and $400. Senior solicitors may charge $400 to $700 per hour, and senior barristers may charge $1000 to $2000 or more per hour.

Legal fees are generally higher in cities than in regional areas.

Accredited specialists

Some lawyers who have worked in the same area of law for a long time are accredited specialists. This means that the Law Society has officially recognised their expertise and competence in that area. A lawyer who is an accredited specialist is likely to charge more than one who is not.

Barristers vs solicitors

Both barristers and solicitors can represent clients in court; however, their roles are different and they are retained differently.

A solicitor is employed by a firm and is responsible for taking instructions from the client, giving them advice, negotiating on their behalf and preparing documents. In some situations, a solicitor may also represent a client in court. This is most likely to occur when the matter is a relatively simple one such as a plea in the Magistrates Court or an Application for a Domestic Violence Order.

A barrister is running their own business and is briefed to appear in individual matters. They may be briefed by a solicitor or directly by a client (though this is less common). The barrister will appear in court and represent the client on the instructions provided by the solicitor (or by the client). The solicitor will continue to handle other aspects of the case, such as taking instructions from the client and keeping records of the advice that has been given.

Other expenses

Aside from paying your lawyer’s hourly rate, there are often other costs associated with legal proceedings.

Filing fees

If you are making an application to a court or tribunal, there will usually be a filing fee that must be paid to the court. If you are experiencing financial hardship, you may be able to apply for this filing fee to be waived.

Disbursements

Your lawyer may also require you to pay disbursements. This is the cost of administrative services such as printing and photocopying, and travel.

Retainer fee

A lawyer may ask a new client to pay a retainer fee. This is an amount of money that is deposited with the firm to be held in the trust account until the matter has been finalised. This amount will be used to cover legal fees as they arise, or if the client is unable to pay for their expenses at any stage.  

Transparency

When you retain a lawyer, they should provide you with clear and unambiguous information about their fee structure so that you know from the outset how much you should expect to pay. A costs estimate will usually be included, setting out the anticipated total cost of running the matter, based on how long the proceedings are expected to take and what is likely to be involved.

Resolve the matter early

Clients are always advised to resolve matters at an early opportunity where it is possible to do so and receive a satisfactory outcome. In criminal matters, this may mean pleading guilty to some or all charges. In civil matters, it may mean coming to an agreement with the other party through negotiations or by using alternative dispute resolution services.  

Costs orders

In some types of matters, the party that is successful may obtain a costs order from the court. This order may state that the unsuccessful party has to pay some or all of their legal costs. However, in some jurisdictions, costs order are not made or are made very rarely.

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.