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At some point in most people’s lives they will either find themselves before the court having been sued by someone or having sued someone or may know someone who is a party in a case.

If you find yourself in the position where a wrong has been committed against you and you are seeking relief from the court or someone has sued you for a wrong they say you have committed against them then it is usually necessary to hire a lawyer to represent your interests in court because, after all, they know the law and their way around the court system better than you.

Before hiring a lawyer, there are certain basic things you should be aware of so you are prepared for your first appointment with the lawyer.

1. WHAT IS THE LAWYERS TRACK RECORD?

In a small country like Vanuatu it is easy to ask around about good lawyers and who might be the best choice for your case. DO NOT hire a lawyer just because you know someone who hired him/her. Do your own research. You will want to know about the lawyer’s track record, that is, is he/she the type of lawyer who never goes to court and only settles matters, are his/her clients satisfied with his work. When you speak with persons who have used the services of this lawyer you want to ask what their experience was with that lawyer. Does the lawyer speak with his/her clients about their case regularly, is the lawyer punctual in preparing documents for the court and appearing in court, does the lawyer keep his appointments with his clients or does he/she always have an excuse, is the lawyer always asking for payment of fees and not providing invoices, receipts and proof of work done, is the lawyer accessible, that is, is it hard to reach him by telephone, email or even in his/her office to make an appointment or discuss your case with him/her.

 

There is no requirement for you to hire the first lawyer you visit or who is recommended to you. You are free to speak with a few lawyers until you find one you are comfortable with and you feel will best represent your interests. You are after all the customer and paying for a service and you cannot be forced to hire a lawyer you may not like.

 

2. FIRST MEETING

When you call to make your first appointment, whether you speak with the lawyer or his secretary find out whether there is anything that the lawyer will need you to bring, such as any documents or witnesses you may have to help to tell your story better. You should also enquire whether this first consultation is free and if not, what is the consultation fee. Most lawyers charge per hour and therefore you will want an hourly rate quoted to you. Having this information will ensure that you make an efficient use of your time with the lawyer from the moment you walk in.

 

From this first meeting you want to leave knowing how the law works in your case and what the lawyers plan of action moving forward is for you, that is, the steps he intends to take for you and when and what you can reasonably expect.

 

3. HOW IS THE LAWYER PAID?

From your first meeting you also want to leave knowing how much arguing the case in court is likely to cost in legal fees. The lawyer may not be able to give you an exact figure but an experienced lawyer will at least be able to give you an approximation. This will help you to decide whether it is worth going to court or settling or even bringing the case to the court in the first place and allow you to make a budget and plan for payments to your lawyer.

 

If your case is a civil case, most lawyers in Vanuatu charge fees by the hour. This can range anywhere between VT10, 000 to VT30, 000 per hour. Some lawyers may charge on a contingency basis, that is, they will take a percentage of the amount recovered at the end of the case or, as in some criminal matters a lawyer may charge a set amount for the case. DO NOTleave your first meeting without understanding how the lawyer will charge you and what those fees will be. If at the end of the meeting you wish to hire the lawyer then make sure that the fee arrangement is not just agreed by word of mouth but put in writing as soon as possible after the meeting.

 

4. HOW QUICKLY WILL THE LAWYER TAKE ACTION?

From the time you decide to hire a particular lawyer you will want to know immediately how quickly the lawyer will be taking action in your case as there are very strict rules in the court for filing of documents and serious consequences if they are not followed. You will want the lawyer to tell you when he intends to file your claim or your defence or any applications or when he will be applying for a court hearing for you. Once you have pinned the lawyer down to a timeline YOU MUST follow up with him/her to be sure that he is on track with the timeline and that you receive from his/her office copies of the documents that he has filed for you and when. NEVER leave your lawyer’s office without knowing what the next step is he will be taking for you and when your next appointment for an update or further discussion will be scheduled.

 

 

5. WILL THE LAWYER INVOLVE YOU IN DECISION MAKING?

Unfortunately, there are lawyers who will make decisions for you without first talking with you. When hiring a lawyer make sure that he/she understands that all major decisions are to be made by you following his/her advice, e.g. if your case is to be settled or to go on to trial. You should stay away from any lawyer that will try to force you to make decisions or take actions against your own judgment.

 

6. HOW WILL THE LAWYER UPDATE YOU ON YOUR CASE?

As clients come from all over Vanuatu and you may find that you are not easily accessible to your lawyer as you may live on an island far from Efate where the majority of lawyers are based you will want to know how your lawyer intends to keep you informed, involved and updated on the progress of your case. You should want to know this even if you live on Efate. You should specify that you want to be informed of every hearing scheduled before the court and what is happening to your case at every step and when the lawyer is likely to set meetings with you, e.g. before and after court hearings.

Although your lawyer owes you a duty of care to do your work well and on time ALWAYS follow up with your lawyer on deadlines to be kept and work to be done as it is ultimately your responsibility to see your case through.

It is important to know that not just because you have hired a lawyer it means that you have to keep this lawyer for the duration of your case. If you notice that the lawyer is not keeping his word in relation to matters you have discussed, or not following court rules on time and causing you to pay more than you intended or just not working for you in a way you consider satisfactory you are free to let him go and hire another lawyer. DO NOT stay with a lawyer and keep paying a lawyer you feel is acting more to your disadvantage. It will not work out well for you in the end and you may very well find that your lawyer’s conduct could determine whether you win or lose your case.