When facing a legal issue, one of the first questions people ask is whether they should try to get Legal Aid or engage a private lawyer. Both options have their place, and the right choice depends on your circumstances, the type of matter, and what you need from the process.
How Legal Aid works
Legal Aid NSW is a government-funded service that provides free or low-cost legal assistance to people who meet eligibility criteria. It’s not automatically available to everyone; you must pass both a means test (financial assessment) and a merit test (assessment of your case).
If you qualify, Legal Aid may provide:
- Free legal advice
- Duty lawyer services at court
- Full legal representation for your matter
The service is valuable for people in genuine financial hardship facing serious legal issues. However, it comes with limitations that are important to understand.
Key differences between Legal Aid and private lawyers
Cost
Legal Aid: Free or low-cost for those who qualify. In some cases, a contribution may be required, and Legal Aid may register a charge over your property to recover costs later.
Private lawyer: You pay for services, but many firms offer fixed-fee arrangements, payment plans, and free initial consultations. Costs are transparent and agreed upfront.
Choice of lawyer
Legal Aid: You’re assigned a lawyer based on availability. You generally can’t choose who represents you, and your lawyer may change during your matter.
Private lawyer: You choose your lawyer and typically work with the same person throughout your case. This continuity can be important for complex matters.
Scope of matters covered
Legal Aid: Limited to specific areas, primarily serious criminal matters, family law involving children’s safety, and some civil matters. Does not cover conveyancing, wills, most traffic matters, or commercial disputes.
Private lawyer: Can assist with any legal matter, including those outside Legal Aid’s scope.
Response times
Legal Aid: High demand and limited resources can mean waiting periods for appointments and case progression. Urgent matters are prioritised, but routine matters may take longer.
Private lawyer: Generally faster response times. You can usually get an appointment within days and have your matter progressed promptly.
Level of service
Legal Aid: Lawyers carry heavy caseloads, which can limit the time available for each client. The focus is on essential legal work.
Private lawyer: More capacity for detailed attention, strategic planning, and regular communication throughout your matter.
When Legal Aid makes sense
Legal Aid is a good option if:
- You’re on a very low income or receiving Centrelink benefits
- You’re facing serious criminal charges with potential imprisonment
- Your matter involves family violence or child safety
- You have no assets or savings to fund private legal fees
- Your matter falls within Legal Aid’s coverage areas
If you’re in genuine financial hardship and your matter is covered, Legal Aid provides essential access to justice.
When a private lawyer makes sense
Consider engaging a private lawyer if:
- You don’t qualify for Legal Aid due to income or assets
- Your matter isn’t covered by Legal Aid (conveyancing, wills, traffic, commercial disputes)
- You want to choose your own lawyer
- You need faster response times
- You want continuity with the same lawyer throughout
- Your matter is complex and requires detailed attention
Many people assume private lawyers are unaffordable, but this isn’t always the case. Fixed-fee arrangements provide cost certainty, and an initial consultation is often free.
The hidden costs of waiting
One risk of pursuing Legal Aid when you might not qualify is the time lost. Legal matters often have strict deadlines:
- Will disputes must generally be commenced within 12 months of death
- Some court applications have fixed filing periods
- Delays in property transactions can cost money
- Criminal matters progress through the court system regardless
If you spend weeks applying for Legal Aid only to be declined, you may have lost valuable time. Getting early advice from a private lawyer, even just an initial consultation, can clarify your position quickly.
Questions to ask yourself
When deciding between Legal Aid and a private lawyer, consider:
- Am I likely to qualify based on my income and assets?
- Does Legal Aid cover the type of matter I’m facing?
- How quickly do I need help?
- How important is it that I choose my own lawyer?
- Can I afford a fixed-fee arrangement with a private firm?
Getting clarity on your options
If you’re unsure which path is right for you, speaking with a private lawyer doesn’t commit you to anything. Many firms offer free initial consultations to assess your situation and explain your options, including whether Legal Aid might be appropriate for your circumstances.
We’re happy to have that conversation. If Legal Aid is the right option for you, we’ll tell you. If we can help more effectively, we’ll explain how and what it would cost.
Book an obligation-free consultation to discuss your legal matter.
