Your solicitor

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    Choosing your solicitor

    There is no solicitor of choice in any area of law. If aid is approved a practitioner will be allocated in accordance with legal Aid Queensland’s allocation of solicitor guidelines.

    Acceptance of legal advice

    A person in receipt of a grant of legal assistance must accept the advice of the practitioner appointed to act for them even where the advice is unfavourable. This includes advice such as:

    • a particular proposal of settlement should be made or accepted
    • a particular application or defence lacks reasonable prospects of success
    • a particular course of action would be futile or counterproductive
    • material the client wishes to put before the court is irrelevant or inadmissible
    • that a result which the client seeks is unlikely to be achieved.

    If a client is provided with unfavourable advice, aid is not available for a client to shop around for more favourable advice.

    Failure to follow the advice of the legal representative appointed by Legal Aid Queensland may result in a termination of the grant of legal assistance.

    This condition does not apply to specified criminal law proceedings.

    Specified criminal proceedings

    Legal aided clients are required to give their legal representatives proper instructions in respect of which they will be able to act in line with their ethical and professional obligations. If a client provides instructions which precludes their solicitor or counsel from fulfilling their ethical obligations to the court, the grant of legal assistance may be terminated.

    Clients responsibility to attend appointments

    A person who has been granted legal aid must be available for attendances as directed by their solicitor such as:

    • appointments with solicitor and/or counsel
    • appointments with other professionals such a social workers or psychiatrists to allow a report to be prepared
    • court attendances
    • conferences.

    Information held by your solicitor

    Legal Aid Queensland can ask any practitioner acting on behalf or who has previously acted on behalf of a legal aided person, for information relevant to the grant of aid.

    Last updated 5 February 2020

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