Last Updated: November 4, 2026

Quick Summary

Before hiring a criminal lawyer, ask about their experience with cases like yours, the exact charges and evidence strength, possible penalties, who will handle your file, and a fee quote in writing. A good lawyer answers each question directly and explains fees clearly before you commit to anything.

  • Ask how many cases like yours the lawyer handled in the past year.
  • Ask what each charge requires the prosecution to prove.
  • Request the fee quote and costs agreement in writing before paying anything.
  • Ask what fees sit outside the quote, such as barrister fees or expert reports.
  • Be wary of any lawyer who guarantees a particular outcome.

Table of Contents

Why the First Consultation Matters More Than the Fee Quote

Choosing a criminal lawyer is one of the most important decisions you will make after an arrest or charge. The first consultation is where you find out whether a firm understands your situation.

Many people focus on price first. That can be a costly mistake.

Your first consultation should answer three things:

  • Does the lawyer understand the charges you face?
  • Can they explain your options in plain language?
  • Do you feel comfortable being honest with them?

Use your first contact with the firm well. Come prepared with a short list of questions and the details you already know about your matter.

Questions About Experience and Track Record

Ask these questions directly:

  • How many cases like mine have you handled in the past year?
  • Which local courts do you appear in most often?
  • Have you defended clients on charges similar to mine?
  • Can you tell me what outcomes you have achieved in matters like this one?

A good lawyer will answer honestly, even if the answer is “I have handled a few, but not many.” Be wary of anyone who guarantees a result. No honest lawyer can promise a particular outcome, because every case depends on its facts, the evidence and the court involved.

Questions About Your Case: Strength, Charges and Possible Outcomes

Once you have covered experience, move on to your own case. This is where a skilled lawyer shows how they think.

Useful questions include:

  • What are the exact charges, and what does each one require the prosecution to prove?
  • How strong is the prosecution’s evidence, in your lawyer’s view?
  • Were your rights respected during the arrest or investigation?
  • What are the possible penalties if you are found guilty?

Listen closely to the answers. A lawyer who explains the elements of each charge and identifies weak points in the evidence is showing real engagement.

Also ask who will handle your case day to day. Some firms have a senior lawyer for the first meeting and a junior or clerk for everything after.

Criminal Lawyer Fees Structure in Australia: What to Ask

Fees vary widely between firms, and the structure matters as much as the headline number.

Common fee arrangements include:

  • Fixed fee: a set price for a defined stage, such as a first mention in the Local Court, a bail application, or a defended hearing. Fixed fees are easiest to budget for, but check precisely where the stage ends.
  • Hourly rate: billed for time spent on your matter, often with an estimate or a cap. Ask what the rate is for each person who works on the file, because a senior lawyer and a junior solicitor usually bill at different rates.
  • Retainer: an upfront payment held against future work and drawn down as the matter progresses. Ask whether the retainer is held in a trust account, how often you will receive a statement, and what happens to any unused balance.
  • Mixed arrangements: a fixed fee for the first appearance plus hourly billing after that, or a fixed fee with a separate estimate for a contested hearing.

What a quote should itemise

A useful quote separates professional fees from disbursements. Professional fees are the lawyer’s time. Disbursements are costs paid to third parties on your behalf, and they can be substantial. Ask specifically about:

  • barrister fees, if counsel is briefed for a hearing or sentence
  • expert reports, such as forensic, medical or accounting reports
  • court filing fees and any transcript or recording costs
  • travel and attendance charges for courts outside the firm’s usual area
  • interpreter or translation costs, if needed

What should be in the costs agreement

Most firms will provide a written costs agreement or retainer agreement before starting work. Read it before you sign.

Questions to put to any firm

  • Is the quote fixed, or is it an estimate that may change?
  • What is included, such as court attendances, correspondence, preparation and phone calls?
  • What is not included, such as barrister fees, expert reports or transcripts?
  • Are there any upfront payments, and are they held in trust?
  • How often will I receive an itemised bill, and what are the payment terms?

Watch out: a firm that will not put its fees in writing, or that quotes a single figure without explaining what it covers, is a warning sign.

The main fee arrangements a criminal lawyer may offer, and what each one means for you, are set out below.

Fee arrangement How it works Key point to check
Fixed fee Set price for a defined stage Where the stage ends
Hourly rate Billed for time spent Rate for each person on the file
Retainer Upfront payment drawn down over time Whether held in trust, and unused balance
Mixed arrangement Fixed fee plus hourly or estimate When billing switches

What to Expect During a Criminal Law Consultation

Knowing the process helps you feel more in control, and a little preparation makes the consultation far more useful. A typical consultation covers a few clear steps.

A client and criminal lawyer reviewing written questions in a bright professional Sydney law office.
A client and criminal lawyer reviewing written questions in a bright professional Sydney law office.

Before the meeting

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  • Write down the charges, the court date and any bail conditions you know about.
  • Gather any documents you have: a court attendance notice, a police fact sheet if one has been provided, bail papers, and any correspondence from the court or police.
  • Note the questions you want answered, and put the most important ones at the top in case time runs short.
  • Write a short timeline of what happened, in date order, without guessing at details you do not remember.
  • Decide what outcome matters most to you, so you can tell the lawyer what you are trying to achieve.

What not to do before the consultation

  • Do not discuss the details of your matter with other people, including on social media or in messages. Anything you post or send can be used in evidence.
  • Do not speak to police or investigators about the matter without legal advice, even informally.
  • Do not assume a consultation is a substitute for formal advice on your specific matter. It is a chance to assess the lawyer and the approach.

During the meeting

  • Your lawyer reviews the charges and what you have told them so far.
  • They explain the process and the likely next steps.
  • They discuss options and what they would recommend.
  • They explain fees and the next steps for engagement.
  • They should tell you what they need from you, and by when.

After the meeting

  • You should leave with a clear understanding of your options.
  • You should know what to do next and by when.
  • You should have written confirmation of any fee arrangement.

How to evaluate the answers

A simple scorecard helps you compare firms on the same basis. For each lawyer, note whether they:

  • explained each charge and what the prosecution must prove
  • identified specific weaknesses in the evidence, rather than speaking in generalities
  • gave a realistic range of outcomes instead of a promised result
  • told you who will personally handle the matter
  • explained fees in writing and what sits outside the quote

Warning signs in the consultation

  • a guarantee of a particular outcome
  • pressure to pay or sign on the spot
  • evasive answers about fees or about who will do the work
  • no clear explanation of the next step

If you leave a consultation without understanding what happens next, say so. A good lawyer will slow down and explain again.

How to Choose the Best Criminal Defence Lawyer: Public Defender or Private Counsel

Many people do not realise they have more than one option. In some cases, a publicly funded legal aid lawyer may be available. In others, you may prefer to hire a private criminal defence lawyer.

Things to weigh up:

  • Cost: legal aid may be free or low cost, subject to eligibility; private counsel is paid
  • Choice: with private counsel you choose your lawyer; legal aid may assign one to you
  • Time and availability: private lawyers can often give your matter more dedicated attention
  • Specialisation: look for a lawyer whose practice focuses on criminal defence

Check eligibility and current rules with the relevant legal aid body, as these can change. Whichever route you take, make sure you can contact your lawyer and understand what they are doing.

If you choose a private firm, Maatouks has a dedicated criminal law practice. If your matter is contested, you can review the litigation services we provide for defended matters. You can read more about our criminal law services or see how we work with clients in Liverpool and Penrith.

Warning Signs, Confidentiality and Communication Expectations

Some warning signs should make you pause:

  • A lawyer who guarantees you will be found not guilty
  • Pressure to pay before you understand the fees
  • No clear answer about who will handle your case
  • Unclear or evasive answers about experience

Confidentiality: Anything you tell your lawyer about your matter is generally protected by legal professional privilege.

Conflicts of interest: Ask whether the firm has acted for anyone connected to your case, such as a co-accused or a complainant.

Communication: Agree on how and how often you will be updated. Ask about response times for calls and emails, and who to contact when your lawyer is in court.

Booking Your Free Phone Consultation with Maatouks

You do not have to decide everything today. A free phone consultation is a low-pressure way to test whether a firm is right for you.

At Maatouks, our team focuses on clear advice, honest answers and a plan you understand. To speak with us, book a free phone consultation or call our office to discuss your matter and the next steps.

Frequently Asked Questions

What should I look for when hiring a criminal defence lawyer?

Look for a lawyer who regularly appears in the court where your matter will be heard, who can explain the specific charge and its possible penalties in plain language, and who gives you a clear written estimate of fees. Ask how many matters of a similar type they have handled and what the outcomes were, without expecting exact promises. Good lawyers will tell you honestly where your case is strong and where it is weak. If a lawyer guarantees a result or pressures you to decide during the first call, treat that as a warning sign and keep looking.

How much does a criminal lawyer cost in Australia?

Criminal lawyer fees in Australia vary widely depending on the seriousness of the charge, the court involved, the complexity of the evidence and whether the matter goes to trial. Many firms charge an hourly rate or a fixed fee for specific stages, and some ask for an upfront retainer. Pricing depends on the specifics of your matter, so ask for a written estimate that sets out what is included and what could add to the cost. For a current quote on your situation, contact Maatouks directly.

What is the difference between a solicitor and a barrister in criminal cases?

In Australia, solicitors usually handle the day-to-day management of a criminal matter, including client contact, preparing evidence and negotiating with prosecutors. Barristers are often briefed to appear in court, particularly in higher courts or for contested trials. Some matters are handled entirely by one practitioner. Ask who will personally run your case, who will appear in court, and how the work will be divided between them.

What are the red flags to watch out for when hiring a lawyer?

Red flags include unclear or unwritten fee arrangements, promises of a guaranteed outcome, reluctance to explain the charges or possible penalties, and poor communication before you have even engaged the firm. Be cautious if you cannot get a straight answer about who will handle your case. A trustworthy firm will explain its process, confirm how you will be kept informed and respect your right to make decisions about your case.


Choosing the right criminal lawyer protects your rights and your future. Use your first conversation to ask hard questions, compare answers and trust your judgement. If you are facing criminal charges, do not wait until the court date to get advice. Speak with a lawyer as early as you can.