What type of lawyer do I need?

Match the problem to a possible practice area

A useful first step is to describe what has happened without trying to reach a legal conclusion. Identify the main event, the people or organisations involved, any document or decision you have received, and what you want help to understand or do. A lawyer can then confirm whether the issue falls within their area of practice or whether another specialist is needed.

Practice-area names are not rigid. Firms may describe similar work in different ways, and the relevant law can depend on the state or territory, the type of court or tribunal, and whether Commonwealth law applies. The comparison below identifies possible starting points rather than making a legal assessment.

• Family law: separation, divorce, parenting arrangements, child support, family violence, property division and related agreements.
• Employment law: dismissal, underpayment, workplace rights, contracts, discrimination, bullying, restraints and workplace investigations.
• Business and commercial law: contracts, ownership, shareholder or partnership disputes, transactions, debts, commercial leases and governance.
• Wills and estates: wills, powers of attorney, probate, estate administration, executor questions and estate disputes.
• Property and conveyancing: buying or selling property, contract review, settlement, leases, co-ownership, boundaries, strata or owners corporation issues.
• Criminal law: police contact, investigations, charges, bail, court appearances, sentencing, appeals and some traffic offences.
• Immigration law: visas, sponsorship, citizenship, refusals, cancellations, compliance and review processes.
• Personal injury and compensation: workplace injury, motor accidents, medical negligence, public liability, occupational disease and abuse-related compensation pathways.

One matter may need more than one kind of lawyer

Real situations do not always fit one category. A business breakdown may raise commercial, employment, property and insolvency issues. A relationship breakdown may affect a family business, an estate plan or property held in several names. A criminal investigation may also have professional-registration or employment consequences.

Tell a prospective lawyer about the connected parts, even if you are unsure whether they matter. The lawyer can explain the work they can undertake and whether coordinated advice from another specialist may be useful. Ask who will manage communication between advisers and whether separate costs will apply.

Check expertise, jurisdiction and practising status

The Victorian Legal Services Board and Commissioner recommends choosing a lawyer with expertise relevant to the legal issue and checking the official register. Each state and territory has its own regulator or professional body. The Law Council of Australia links to the relevant law societies and bar associations, which can help you locate jurisdiction-specific directories.

Ask the lawyer whether they regularly handle matters with similar legal issues, not whether they have handled an identical story. Confirm where they are admitted to practise, where the matter is likely to be dealt with, and whether they can work remotely if you are in another location. Practising status is an important check, but it is not a guarantee of a particular service, result or acceptance decision.

What to do if you are still unsure

You do not need to diagnose the legal issue before asking for help. Use plain language and explain the outcome you are seeking. A law society referral service, your state or territory Legal Aid commission, a community legal centre or an Aboriginal and Torres Strait Islander legal service may help with initial triage. Eligibility and capacity vary, so contact the service directly.

MatterPath may also help you organise the issue and compare participating firms. It does not replace direct legal advice, make a finding that a claim exists, or guarantee that a firm can take the matter. If no participating firm is suitable, use the official service directories in the sources below or contact another qualified lawyer directly.

Prepare a useful first description

A short, factual description is more useful than legal terminology you are uncertain about. State what happened, when it happened, who was involved, what documents exist, and whether a court, tribunal, regulator, employer or government agency has contacted you. Note any date shown on a notice, but do not assume it is the only date that matters.

Avoid sending original documents or unnecessary sensitive information at the first enquiry. A firm may need the names of other parties for a conflict check before it can discuss the substance of the matter. Ask what information is needed and how it should be provided securely.

Urgent legal and safety situations

MatterPath is not an emergency service. Call 000 when police, fire or ambulance help is needed immediately. If you face imminent police questioning, detention, a court appearance, removal from Australia, family violence, homelessness or another urgent legal consequence, contact a qualified lawyer or the relevant official service directly.

Some legal processes have strict and potentially short time limits. Speak directly with a qualified lawyer or the relevant official service as soon as possible. Completing a MatterPath assessment does not pause a deadline or preserve legal rights.