Getting legal advice online is quick and often cheaper than a trip into a city office. You can book a video call, send documents by upload and get a written answer within days. The catch is that anyone can build a website and call themselves a legal adviser. Before you share private details or pay a deposit, it pays to check who is on the other side of the screen.
The good news is that checking a lawyer in Australia is free and takes only a few minutes. Each state and territory keeps public records of the lawyers it regulates. This guide covers what a practising certificate is and where to look. It also explains what a lawyer must tell you about costs before work starts.
What a practising certificate means
A practising certificate is the licence that lets a lawyer provide legal services. The Law Society of NSW describes it as basically a licence to practise. It shows the person has finished their academic study and Practical Legal Training and has been admitted to the profession. Certificates must be renewed every year, and they can be cancelled or suspended if a lawyer fails to meet professional obligations.
A law degree on its own is not enough. Someone can hold a degree and still not be allowed to give legal advice to the public. In Victoria, the Legal Services Board and Commissioner says your lawyer must hold a current Australian practising certificate to practise law there. It describes legal work done without one as unqualified legal practice, which is against the law.
How to check a lawyer’s registration
Each state has its own regulator and its own search tool. In Victoria, the Legal Services Board and Commissioner explains how to check a lawyer in its guide to engaging a lawyer in Victoria, which links to its register. The register lists the lawyer’s name, their law practice and any disciplinary action taken against them. Lawyers can also choose to list the languages they speak and the areas of law they practise.
In New South Wales, the Law Society runs a Register of Solicitors through its Find a Lawyer search. You can search by name, suburb, region or language. There is also an option to find accredited specialists in a chosen area of law. Other states and territories have similar registers through their own law society or legal practice board. A few simple checks can save trouble later.
- search the full name exactly as it appears on the website or email signature
- confirm the law practice name matches the business you are dealing with
- look for any disciplinary history or conditions noted on the record
- check which state the lawyer is registered in
If a name does not appear, do not assume the worst straight away. The person may be registered in another state or listed under a different name. You can contact the regulator to ask. If you still cannot find them, hold off on paying anything until you can.
Why the state matters
Laws and processes differ between states and territories, and they change over time. A lawyer in one state may not be the best fit for a matter run under another state’s law. Family law is largely federal, but property, wills, leases and many criminal matters are state based. If you are signing a shop agreement, our article on negotiating a new business lease explains why local knowledge counts.
Victoria, New South Wales and Western Australia share a scheme called the Legal Profession Uniform Law. The Victorian regulator says the Uniform Law began in Victoria and New South Wales in July 2015. Western Australia joined the scheme in July 2022. Other states and territories have their own legal profession laws, so the rules on costs and complaints may differ there.
What a lawyer must tell you about costs
Under the Uniform Law, lawyers must explain their costs in writing once a matter goes past set limits. The Victorian regulator’s page on getting your lawyer’s costs in writing sets out the thresholds. If costs are likely to be under $750, written disclosure is not required, though you can still ask for it. Between $750 and $3,000, the lawyer must give you a written disclosure, which can be a standard form.
Where costs are likely to go over $3,000, a more detailed written disclosure is needed. It must explain how fees will be worked out and give an estimate of the total. That estimate can be a range, with an outline of what will push costs up or down. If things change, your lawyer should give you an updated estimate in writing as soon as possible.
You also have the right to ask for an itemised bill. This matters if your bill shows one lump sum and you want to see what was done. A clear quote is just as useful for family matters. For example, our piece on speaking to a family lawyer before adopting shows how many steps a single matter can involve.
Warning signs with online legal services
Most online legal services are run by properly registered lawyers. Still, some websites offer legal documents or advice without a lawyer involved at all. Be careful if the site gives no names, no practice details and no state of registration. Pressure to pay large sums up front with no written costs estimate is another warning sign.
Ask direct questions before you book. Who will actually handle my matter, and are they a registered lawyer? Which state are they registered in? A genuine lawyer will be happy to answer and will not mind you checking. If you are dealing with a separation, the divorce rules for marriages under two years are a good example of detail a qualified lawyer should be able to explain clearly.
If something goes wrong
Most problems with a lawyer can be sorted out by talking to them directly. If that does not work, you can complain to the regulator in your state. In Victoria, complaints can cover legal costs, the quality of service and a lawyer’s behaviour. The Victorian regulator says most consumer complaints must be made within three years of the conduct.
Costs disputes have tighter time limits. In Victoria, a costs complaint generally needs to be made within 60 days after the costs become payable. That drops to 30 days if you received an itemised bill. Keep copies of every quote, bill and email so you have a clear record. Good records also help when parents are sorting out a shared parenting arrangement and need to show what was agreed.
Frequently asked questions
Is online legal advice as reliable as advice in person?
It can be, as long as the person advising you is a registered lawyer. The format matters less than the qualifications behind the advice. Check the register before you start. Make sure you give the lawyer the full facts so the advice fits your situation.
Can a lawyer from another state help me?
Sometimes they can, but it depends on the type of matter and where it will be dealt with. Some areas, such as family law, are mostly federal. Others depend heavily on state law and local courts. Ask the lawyer directly whether they regularly handle matters in your state.
Can I ask for an itemised bill?
Under the Uniform Law, your lawyer must tell you about your right to receive a bill and to ask for an itemised one. Rules about how and when to ask can vary, so check with the regulator in your state. Asking early in the matter is often the simplest approach. It also gives you a clearer picture of costs as the work goes on.
What should I do if someone gave me advice and is not a lawyer?
Stop paying and keep every document and message. Contact the legal regulator or law society in your state and explain what happened. They can tell you what options are open to you. You may also want to get advice from a registered lawyer about the original problem.
This article is general information about legal services in Australia and is not legal advice. Laws and processes differ by state and territory and can change. For advice about your own situation, please speak with a qualified lawyer.