Receiving a Court Attendance Notice or being contacted by police can be stressful and confusing. If you need to meet a criminal lawyer for the first time, you may be unsure what to bring, what to say or what to expect.
Your first consultation is an opportunity for your lawyer to understand your situation, explain your options and discuss how your matter may be approached. A little preparation can help, but it is equally important to let your lawyer guide the conversation.
Here are some practical things to keep in mind before your first meeting.
1. Come Prepared, but Let Your Lawyer Guide the Conversation
It is helpful to bring any documents relating to your matter, including:
- A Court Attendance Notice (CAN)
- A Police Facts Sheet
- Bail documents or court orders
- Any other correspondence or documents received from police or the court
If there are people who may have witnessed relevant events, you can also let your lawyer know who they are and what they may have seen.
Being well prepared is a good thing. However, you do not need to work out your entire defence or decide which witnesses should be approached before speaking to your lawyer.
An experienced criminal lawyer will assess what information is relevant, which witnesses may need to be contacted and when that should happen. Sometimes, acting too quickly or approaching witnesses without proper advice can complicate matters.
The best approach is to bring what you have and allow your lawyer to guide the next steps.
2. Why You Shouldn't Send a Detailed Written Account Beforehand
You may feel that the easiest way to explain what happened is to write everything down and email it to your lawyer before the appointment.
Although it is understandable to want your lawyer to have the full picture, it is generally better to discuss the circumstances during your first consultation before sending a detailed written account.
Why?
Once a lawyer has read a detailed account, they cannot simply disregard what they have been told. After reviewing the available evidence and police material, a different defence approach may be more appropriate. What you initially thought was important may not be the most relevant issue.
Lawyers also have professional obligations to the court. Under the Australian Solicitors’ Conduct Rules, a solicitor’s duty to the court comes first, and a solicitor must not mislead the court. A lawyer must be able to advise you properly while complying with those obligations.
This does not mean you should avoid recording what happened. You can make private notes while your memory is fresh, including dates, conversations and details you are concerned about. However, rather than automatically sending those notes beforehand, discuss them with your lawyer and follow their guidance about what information is needed.
It is also important not to guess or commit yourself to details you are unsure about. For example, if you cannot clearly remember the timing of an event, say so. Your lawyer can ask questions in a particular order to clarify the facts.
3. Your Communications with Your Lawyer Are Generally Confidential
People sometimes worry about whether they can speak openly with a criminal lawyer, particularly when the circumstances are sensitive.
In Australia, confidential communications between a client and their lawyer for the purpose of obtaining legal advice or legal services may be protected by client legal privilege (also known as legal professional privilege).
In NSW, this protection is recognised under the Evidence Act 1995 (NSW). It is an important part of ensuring that clients can seek legal advice and discuss their circumstances candidly.
However, confidentiality should not be taken for granted in every situation. Sharing legal advice or confidential communications with other people, or discussing your matter publicly on social media, may create risks. If you are unsure what you can share, ask your lawyer first.
4. What to Expect During Your First Consultation
A first meeting is not simply about going through documents and discussing legal arguments. Your lawyer also needs to understand your circumstances and make sure you are in a position to have a productive conversation.
Some clients arrive feeling extremely anxious or distressed. A good lawyer will recognise this and give them time to settle down.
That might mean offering a glass of water, allowing the client some space, or briefly stepping out so they can collect themselves. If someone is too distressed to have a meaningful discussion, arranging another appointment may be more helpful than trying to cover everything at once.
Once you are ready, your lawyer will ask questions, consider the available information and explain the possible options and defence strategy. You should have the opportunity to ask questions and make sure you understand the advice before deciding how to proceed.
The lawyer should also explain the proposed legal costs and provide the appropriate costs disclosure and agreement before the engagement proceeds. Do not hesitate to ask for clarification if anything is unclear.
5. Choosing a Criminal Lawyer Is a Two-Way Decision
It is perfectly reasonable to speak with more than one lawyer before making a decision. You may want to compare their experience, approach, communication style and fees.
Choosing a lawyer is also a decision for the lawyer. A good working relationship requires trust and clear communication. If a lawyer believes another practitioner may be better suited to your particular matter, they may say so.
Not every firm works the same way. Some focus on handling a high volume of matters, while we take a more selective approach, giving each matter individual attention and our full effort.
Price is one consideration, but it should not be the only one. The most expensive option is not necessarily the best, and the cheapest is not necessarily the right choice. What matters is finding a lawyer who meets your needs and fits your budget.
Consider whether you feel comfortable with the lawyer, whether they understand your concerns and whether you have confidence in the advice they provide.
If you or someone close to you is facing a criminal charge, contact Brightstone Defence to book an initial consultation. We have offices in Sydney, Melbourne and Canberra, and we work in both English and Mandarin.
Frequently Asked Questions
- What documents should I bring to my first meeting with a criminal lawyer?
Bring any documents you have received from police or the court, such as a Court Attendance Notice, Police Facts Sheet, bail documents or court orders. If you have information about potential witnesses, let your lawyer know.
- Should I write down what happened before meeting my lawyer?
You can make private notes while your memory is fresh. However, it is generally best to discuss your circumstances with your lawyer before sending a detailed written account. Your lawyer can guide you on what information is relevant and how it should be provided.
- Can I speak openly with my criminal lawyer?
Confidential communications made for the purpose of obtaining legal advice may be protected by client legal privilege. You should still ask your lawyer before sharing legal advice or details of your matter with other people.
- Should I consult more than one criminal lawyer?
Yes. You can speak with several lawyers before deciding who to engage. Consider their relevant experience, approach, communication and fees, as well as whether you feel comfortable working with them.
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Disclaimer: This content is based on real cases and news reports and is intended for general informational purposes only. It has been prepared by the criminal lawyer team and reviewed by Partner lawyer Alex Cao. It is not legal advice, and you should consult a qualified lawyer regarding your specific circumstances.
