Pitfalls
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Traps for new players to avoid

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When seeking legal advice check the advice from at least 2 sources

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IF YOU ARE GOING TO SEEK LEGAL REPRESENTATION

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If representation is going to be Pro Bono (that is no fees) GET IT IN WRITING

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Get in writing what costs you will be up for e.g. photocopying etc.

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If representation will be no win no fee  GET IT IN WRITING 

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With no win no fee and the lawyers want a percentage of the settlement get that percentage in writing and make sure it is fair

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At every visit make sure you get copies in your hand of all correspondence and documents

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Ensure in writing that your legal representatives will seek to recover all costs from the other party and that recovery of costs from other party will release you from legal costs to your lawyers.

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Where possible get a list of cases which have been similar to yours and research them from auslii on the internet, or from law libraries.

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When you seek advice from anyone beware of those who want you to sign over press rights, film rights, or book rights

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WHERE POSSIBLE AVOID NON DISCLOSURE AGREEMENTS. They are a weapon to try to destroy all whistleblowers and are a denial of justice.

Just to give you some idea of what happens we have cases where lawyers have not been registered to practice. Where they have sought to be paid 3 times for the one piece of work. Once from the opposition, once from the client and also a massive percentage from any settlement. In case like this the lawyers have got fat whist the whistleblower has been left with nothing.

 

 

 
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Copyright © 2004 WhistleBlowers Assist Australia
Last modified: November 26, 2006

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Disclaimer: This publication and its associated sites is intended to inform the public and whistleblowers. Nothing contained in this website is to be taken to be a substitute for legal or professional advice. The author expressly disclaims liability to any person or entity for the consequences of anything done or omitted to be done in reliance in whole or in part of the contents of these publications.  The material contained herein is the result of observations and experience.