QLD Cost to change lawyers or self represent

[Barry123]

Hello again ,
My current lawyer is not performing as well as I think he should , even though he has 35 odd years in the game- ( property settlement dispute with ex) . He seems to lack grit in all subjects.
So my questions are -
1. If i change lawyers will the new law firm charge me $ to read the 3 phone books thick full folders or will they only read the last important bits/communications ?
2, I get the feeling my lawyer and my ex's lawyer are communicating to each other without my knowledge to encourage each other to keep making money off their clients ( me and ex missus) . So how do i prove this and is it illegal ?
3. If I sack my lawyer and self represent , my ex will see that i wont have more legal fees BUT at the 11th hour I engage a new lawyer to help me out in the final hearing or communications . BUT because I have a no contact order ( which states "do not ask someone else to contact the aggrieved" ) am i still allowed to communicate with my ex directly through her lawyer?


Thanks
Barry

 

[Docupedia]

If you’ve lost trust in your lawyer, then regardless whether your concerns are warranted it might be time to terminate their retainer. Trust in the solicitor/client relationship is essential. There’s no point carrying on, for either side, if it is not there.
1. You’ll need to broach that subject with the individual firm when looking to re-engage. However, consider the following:
(a) What solicitor is going to want to read three phone books for free?
(b) How do they know what is actually important without reviewing it? They cannot rely on your say so, for example, as if you know all the intricacies of the law and the legal effects, then you largely don’t need them.
(c) If they don’t review all of it, how do they discharge their obligations to you and to the court? In other words: what potential issues may they be unaware of, sitting there like ticking time bombs?
That being said, they may not need to read every single document. See if you can negotiate a flat fee for getting up to speed. Also be aware that:
i. The longer the file goes, the more that that part is likely to cost; and
ii. If you self represent for a period, they are likely to want to look at that part in depth. When a solicitor does things there is a certain expected structure, order, flow, form of expression etc. that makes the task easier. Reviewing self represented person’s files can mean a bit of sorting order from chaos - which makes the task potentially more time consuming.
2. if it is happening, it is at the very least unethical which is potentially a breach of the Legal Profession Act (as either unsatisfactory professional conduct, or professional misconduct, depending on the nature and severity). For two solicitors to be in cahoots to do that is unlikely, but not outside the bounds of reason. Family law has a reputation for being prone to overcharging via unnecessary work - but that also brings a heightened level of scrutiny. You’d want to be very sure of solid evidence before making an allegation, and just because something looks like needless waffle to you doesn’t mean that it actually is. Then there is the aspect of proving collusion, instead of (for example) one side using the common tactic (but still unethical, and reputedly rife in family law) of trying to bleed the other dry via legal fees. My suggestion would be to concentrate on the fight in front of you with your ex. Dividing attention is dividing resources.
3. I don’t know the answer to this question, but I would expect that communication with the lawyer is allowed - otherwise how could you conduct yourself? And communication with the lawyer is to them, it’s not the same as asking them to pass on a message. It is family law though, and I know it is not always logical.