Lawyers Vs. Solicitor Vs. Barrister Vs. Attorney
So, you need a legal representative for some reason, but you’re not sure who you need? You’ve heard the titles lawyer, solicitor, barrister, and attorney thrown around but never needed to know who they are or what their job title entails. We are here to explore the different titles of lawyer, solicitor, barrister, and attorney and uncover what each do and who you need to talk to! What is a lawyer? “Lawyer” is probably the most common legal representative title you have heard. It is a general term used to describe a person who has studied law, completed practical legal training and has been admitted to the Supreme Court. In Australia, any lawyer practicing law or engaging in legal work must have a current practising certificate and must be insured. Most lawyers will have their practising certificate on display in their office. If you cannot see their certificate and are unsure whether they are qualified to practice law, you can ask to see it. The role of a lawyer is to listen to your problems, give you legal advice, discuss your options, take instructions on how you want to proceed with a claim and help you to understand how the law applies to your case. When you work with a lawyer, they must: If your case is taken to court, your lawyer may represent you. In Australia, lawyers can be classified as either a solicitor or a barrister. Depending on your case or legal problem, you may have to deal with a solicitor or barrister, or both. What is a solicitor? As mentioned above, “solicitors” are a specialisation of the job title of lawyer. Solicitors only need to be admitted to the Supreme Court of the state or territory they want to practice law in. You can hire a solicitor to assist you with your legal problem and they will take responsibility for the day-to-day management of your case. When you work with a solicitor, you may expect that they can: Solicitors may work in a private law firm, as a sole practice or in a Government or community sector (for example Legal Aid). What is a barrister? In contrast to a solicitor, a “barrister” is a lawyer who has been admitted to the Supreme Court of the state they want to practice in and have a practising certificate from the Bar Association in their state. Barristers act as advocates before Courts and Tribunals and work solely in Chambers rather than law firms. When a barrister is admitted to practice, they are sworn in as ‘Officers of the Court,’ in which they play a fundamental role in maintaining the law in Australia’s Government. Barristers represent people in court and can provide specialist opinions in an area of the law. If you have a complicated legal problem and are required to go to court, your solicitor will refer you to a barrister and instruct them on your case. Your solicitor and barrister may work together to represent you in court and aim to provide you with the best outcome for you. In the situation where you have a solicitor and barrister working on your case, you may expect to find the solicitor preparing your case for court and your barrister speaking for you at a court hearing. A barrister’s role may include: What is an attorney? The term ‘Attorney’ is not commonly accepted in Australia. You have probably heard attorney used in American sit-coms but in Australia, if someone mentions an attorney, they are most likely talking about a solicitor or barrister. You might be asking “is an attorney and a lawyer the same thing?” In the United States, the terms attorney and lawyer are often used interchangeably. To be a lawyer or attorney in the US means that the person has passed the bar exam and has been approved to practice law in their area of jurisdiction. So, when do I need a Solicitor or Barrister? The type of lawyer you will need will depend on your legal problem and several other factors. In most cases you will deal with a solicitor first to get legal advice and determine the best course of action for your case. If your case is taken to court, you will engage with a barrister who will legally represent you at court hearings. If you’re unsure where to start, contact Sinnamon Lawyers and we can give you advice on your case and discuss your options with you.
Injured While Working From Home
As the Covid-19 situation continues to develop worldwide, many businesses have had to adapt to the new working conditions that are being enforced upon them. With social distancing and isolation efforts being put in place, we are seeing many workplaces opt for working from home where possible. What does this mean for your rights as a worker? How Does Working from Home Effect My Rights? In short, the new working from home arrangements do not impact your right to compensation if you are injured as a result of your employment. You are entitled to make a claim for Workers’ Compensation if your injuries came about as a result of your employment, irrespective of where it is that you are working from. Essentially, claiming Workers’ Compensation while working from home is a definite possibility but is, of course, dependent on the particulars of your case. Employer Responsibilities As always, your employer is responsible for ensuring that your working environment is suitable to work in without unnecessary danger. This includes in your own home if working from home! If your employer does not adequately consider the health and safety of its workers in this way, they can be found liable to any resulting injuries. As a result, if your employer is found to be negligent in their duty of care then you can also be entitled for a Common Law Claim. What Can I Claim Compensation For? As is the case with Workers Compensation claims when not working from home, you can claim compensation for injuries that result from your employment. This includes but is not limited to physical injuries, psychological disorders, or aggravations of pre-existing conditions. An example of an injury that may arise from working at an improper desk at home could be issues with your posture. In Queensland, your total compensation is based on a number of factors including loss of income, medical or rehabilitation expenses, loss of super, pain and suffering and more. If you want more information about what it is you can claim Workers’ Compensation for if you’ve been injured while working at home, you can view our Workers’ Compensation page here for more information on claims. I’ve Been Injured While Working from Home: What’s Next? The process of claiming Workers’ Compensation while working from home is very similar to if you were claiming compensation for an injury in a more normal working environment. If you have been injured while working from home, we strongly advise that you seek the advice of expert personal injury lawyers if you want to make a claim for Workers’ Compensation. This ensures that you get the most from your claim, so that you can focus on recovery. For an obligation-free assessment of your Workers’ Compensation claim, contact Sinnamon Lawyers today. There are time restrictions on claiming Workers’ Compensation, so do not hesitate to begin your claims process.
What To Do Immediately After An Accident
There is some very important information that you need to collect, following an accident. That information includes the following: With this and some other information you are able to provide notification to the compulsory third party insurer of your claim and begin the process of claiming damages for you. Claiming for Damages You are able to claim damages including; Many people are unaware of their right to claim future economic loss. We would encourage you to educate yourself on the facts should you be involved in a car accident. Visit the section of our website about compensation claims from motor vehicle accidents and feel free to contact us for an obligation free consultation about your claim.
What if I’m Injured and Can’t Afford Treatment?
A common enquiry of our firm is how clients can obtain funded Physiotherapy or other treatment, or have their out of pocket expenses for the same treatments reimbursed by the insurer. Under Queensland Compulsory Third Party (CTP) Insurance you may be eligible for upfront funding for rehabilitation and treatment such as Physiotherapy, chiropractic care, medical consultations and medication. Often times after an accident your Doctor will recommend treatment such as Physiotherapy. It is important to start your treatment as soon as possible after the accident in order to improve your quality of life and mitigate any loss caused by the accident. Before considering upfront funding or reimbursement of out of pocket expenses the CTP Insurer will need to review the CTP Medical Certificate and a referral for rehabilitation such as Physiotherapy. This can take some time. Options available to claimants are as follows: While waiting for the Insurer to consider upfront funding you may elect to commence treatment and pay for the expenses out of your own pocket, these can later be considered for reimbursement by the Insurer. We recommend that accurate records are kept and that copies of receipts are provided to your Solicitor or the Insurer. Please note that other expenses such as pharmaceutical expenses may also be reimbursed by the insurer so it is important to keep accurate records of any out of pocket expenses that you incur. You may be eligible for an Enhanced Care Plan through Medicare. This involves your General Practitioner creating a treatment plan for you where you can undertake 5 sessions of Physiotherapy, (or other prescribed services such as Chiropractic and Psychologist services) which will be paid for by Medicare, it is worth noting however that any services provided by Medicare may be subject to refunds at the conclusion of your claim. This method involves the Insurer reviewing the available medical information, inclusive of referrals and sending a Treatment Plan to the Physiotherapist or other medical professional. Once the treatment provider completes and returns the plan to the CTP Insurer they will make their decision on funding. If the insurer approves the treatment, they will pay the treatment provider directly for the number of sessions previously approved by them. This can take some time unfortunately. If you have had a Motor Vehicle Accident and would like to discuss the above issues please contact our office on 1800 007 277 and our friendly staff would be happy to discuss your options with you in respect to negotiating with the Insurer to obtain funding or reimbursement.
Top tips for avoiding traffic
Is the traffic getting worse or is it just us? It seems as though the traffic in Brisbane has come to a standstill and it affecting the way live, work (and shop)! A recent study found that Brisbane commuters have the longest travel times in the nation. The Victorian study found some commutes double during peak times – the trip from Eight Mile Plains to the CBD doubles from 14 minutes off-peak to 28 minutes in rush hour. So what can be done about this we hear you ask? Here are some of our top tips for avoiding traffic. Make sure to keep an eye out for speed cameras as well!
To Filter or Not Filter: Lane Filtering and Other Rules Relating to Motorcyclists
In 2013 there were 6,921 hospitalised casualties as a result of motor vehicle accidents in Queensland. Of these 6,921 hospitalised casualties, 930 were as a result of accidents involving motorcycles.That is approximately 13% of all accidents that cause hospitalised casualties. In Queensland as at 30 June 2014, motorcycles made up approximately 4% of all registered vehicles in Queensland, yet were involved in 13% of all accidents that resulted in hospitalised casualties. At the beginning of February 2015 the Queensland government introduced new laws relating to motorcycle riders in Queensland. These new laws provide some clarity in relation to the behaviour of motorcycle riders that often blurred the lines of whether it was within the law or not. The main focus of the changes appears to relate to lane filtering (where motorcycle riders drive between two vehicles in a line of traffic). Prior to the introduction of the new laws, motorcyclists who were lane filtering or splitting, were potentially breaking the road rules for failing to stay within a marked lane or not indicating while changing lanes. The new lane filtering rules allow motorcycle riders who have their open motorcycle licence to travel between the cars in lanes of traffic provided both lanes are travelling in the same direction as the motorcyclist and that the speed of the traffic and the motorcyclist does not exceed 30km/hr. These allowances do not apply to those motorcycle riders who hold a provisional or learner motorcycle licence. It is important to note that lane filtering/splitting is not allowed where the speed will exceed 30km/hr. Failure to adhere to this rule may result in a fine of $341 and the loss of 3 demerit points. Motorcyclists who hold an open motorcycle licence are also able to travel on the road shoulder or the emergency stopping lane of a road where the speed limit is 90km/hr or more, providing they are overtaking stationary or slow moving traffic and they do not exceed a speed of 30km/hr. There has previously been social media attention revolving around the rules associated with keeping control of a motorcycle, in particular the requirement that a motorcyclist have both feet and hands on the motorcycle at all times. These rules have now been removed, allowing motorcycle riders the ability to remove their feet to reverse their motorcycles and stretch their legs to prevent fatigue while riding without fear of breaking the road rules. The new rules relating to motorcycle riders can be found on the Department of Transport and Main Roads website at www.tmr.qld.gov.au. As the number of vehicles on the road at any one time is increasing every year, it is important that all road users take an interest in road safety. The new motorcycle laws not only impact on motorcycle riders but also on other road users. Drivers of motor vehicles need to make sure that they are paying attention at all times, even more so when changing lanes and merging now that lane filtering is allowed for motorcycle riders in certain circumstances. It only takes a split second for an accident to occur due to inattention, and it is the obligation of all road users to look out for one another and take care on our roads. If you or someone you know has been injured in a motor vehicle accident, contact us so that we can discuss your options with you.
The Importance of Rehabilitation after Suffering an Injury
Recovering from a personal injury is more complicated than you might realise. Certain types of personal injuries can be difficult to treat, requiring months of rest and rehabilitation. Failing to take the recovery process seriously can have dire consequences on your physical and mental health. If you’re trying to get back on your feet after sustaining a personal injury, it’s essential to understand the importance of rehabilitation. Getting Diagnosed Revealing the extent of your injuries is a key aspect of recovery. If you’re taking a long time to heal, or if you’re still experiencing chronic pain after undergoing treatment, this could mean you weren’t diagnosed properly in the first place. Identifying the right type of rehabilitation for your injuries can be difficult and dangerous without a correct diagnosis. You could even make your symptoms worse by doing unsuitable exercises. To avoid being misdiagnosed, always see a doctor after sustaining a personal injury (don’t just google your symptoms and diagnose yourself). If you start having doubts as to the suitability of your treatment, there’s no harm in asking for a second opinion. And even if you start feeling better, always attend any follow-up appointments. Rest and Recovery The disruptive impact of a personal injury can make you feel as though your life has been put on hold. Not being able to perform basic tasks is frustrating, but your body needs time to rehabilitate. If your doctor has advised you to take it easy, don’t be tempted to ignore their advice. Returning to work or other routine activities before you’re fully recovered can prolong the healing process. If you’re worried about losing your main source of income while you recover, seeking compensation for your injuries can protect your financial security. Depending on the circumstances of your case, you may be able to claim for past and future lost earnings. Preventing Further Injuries Rehabilitation doesn’t just treat injuries – it can also be used to prevent them. Neglecting to rehabilitate a physical ailment properly can make you more vulnerable to sustaining injuries in the future. In addition to speeding up the healing processes, rehabilitation exercises can also strengthen your muscles and improve flexibility. Reinjuring yourself can set you back both in terms of your physical health and your mental state. Committing yourself to rehabilitation means you won’t have to work on healing your injury a second time. If you need financial support while recovering from your injuries, Sinnamon Lawyers can offer expert advice on claiming compensation. The cost of rehabilitation can be prohibitive in some cases, but there are steps you can take to avoid being left out of pocket. If your injury was caused by circumstances beyond your control, you may be able to claim damages. Contact us to speak with a personal injury lawyer about lodging a claim.
Teach your kids the skill of dialing 000 for emergency situations
When kids reach the age when they’re accepted in preschools, one of the first things that teachers teach them is their name, address and phone number. This kind of information is vital for the kids to know so that in cases when they get lost or stray away from their parents at the mall, people who find them know who to notify and thus, be able to reunite the children with their parents. Another skill that you, as parents, need to teach your kids is the value of dialing 000 for emergency situations. To start with, it’s very easy to remember the emergency number, “000”, so kids who are young, say 5 years old, will still be able to recognize it and remember it. The important thing to instill in them is how to stay calm while the operator attempts to gets the information needed to determine the situation. Usually, when calling from a landline, the operators will automatically know where the call is originating from so it only needs personal information to verify the caller. However, in cases when you’re calling from a mobile phone, it helps that the child has the presence of mind to know where he is, for him to stay calm and to be able to describe exactly what kind of emergency situation the emergency services team will be handling. There have been cases of kids dialing 000 and saving their parents and relatives. 5-year old Bailey Fuller was able to phone 000 when his mother collapsed in their home. He climbed a chair to reach the phone, dialed 000, stayed calm while the dispatcher was talking to him and asking what happened. He received a North Coast Region’s 2011 Young Hero of the Year Award for saving his mom. Another boy, 10-year old Kye Tanner from Caboolture, saved his aunt Rebecca Hodgkinson by calling 000 too. He was able to describe the manner in which his aunt fainted and thus led the dispatcher to discern that his aunt had an epileptic seizure. He was given an Assistant Commissioner’s Bravery and Commendation Award.
Spotting speed camera locations in and around Brisbane
We all know it…it’s easy to do…but be careful…there are plenty of speed cameras planted around Brisbane! The Queensland police say that these marked speed cameras are for the purpose of catching drivers who are going beyond the allowed maximum speeds and assigned to discipline drivers so that they may follow traffic rules more closely. So, watch out! Speed cameras can spot cars from approximately one mile or 1.6 kilometres away. Once the violation has been confirmed, Queensland Transport will issue you with a hefty fine and potentially a loss of points. This may even go into your record, and unfortunately, could affect your credibility as a professional. Imagine what this might do to your job application if you’re unable to drive or even worse, have a record! The Retaliation Most Brisbanites cry foul because they see the speed cameras as mere revenue-collecting tools. True enough, there’s a significant amount of money gained by the government when one is caught speeding. The tickets don’t exactly come cheap. However, authorities insist that this is not for revenue but for discipline. After all, they would not be issuing tickets in the first place if not for violators who liked to challenge the law. Cameras are spread all over the city. It would be impossible to avoid speeding tickets just by avoiding speeding in particular areas. Still, these are the marked cameras one should watch out for: There are also mobile speed cameras in police vehicles and these are planted in different spots all over Brisbane. This is the reason why it’s useless to just take note of the speed camera locations in the city and follow traffic rules only when you’re in these areas. It’s still better for you to follow the speed limits no matter where you may be. How it affects your insurance Traffic violations are often looked into when you are trying to stake a personal injury claim. Your insurance company will not support your claim if you have gained a reputation as a frequent traffic violator. Be a good driver and make these things work for you.
Road Safety During the Commonwealth Games
With the Commonwealth Games approaching, Southeast Queensland is bracing for traffic chaos. Set to take place over 12 days in April, the games will attract more than 600,000 visitors to the Gold Coast (according to the Queensland Government). While hosting such a big sporting event is a source of pride for the Gold Coast, much of the city will have to deal with disruptions on the road. If you’re trying to avoid the chaos, we can tell you everything you need to know about road safety during the Commonwealth Games. Access to the M1 The M1 is the main arterial road between Brisbane and the Gold Coast. Since many Commonwealth Games attendees either live or plan to stay in Brisbane, this stretch of highway will be busier than usual throughout much of April. The M1 has undergone several changes to make way for the extra traffic, including: If you’re trying to avoid getting stuck in traffic on the M1, you could take public transport instead. Road Closures Temporary road closures will be rolled out across the Gold Coast during the Commonwealth Games. There’s nothing worse than dealing with standstill traffic while trying to go about your business, so it’s essential to stay on top of traffic conditions in your area. Make sure you’re up to speed by reviewing road closures for the following events: Other events involving road closures include the Queen’s Baton Relay and the Festival 2018. With so many thoroughfares being shut down throughout the city, take extra care when planning journeys around the Gold Coast during the Commonwealth Games. Local Permits If you’re a resident or business owner on the Gold Coast, you may be able to apply for a special permit to ensure you can maintain access to certain streets during the Commonwealth Games. Find out if you qualify by checking the City of Gold Coast website. Of course, no matter how carefully you plan your trip or try to stay away from less-than-ideal traffic conditions, some motor vehicle accidents are simply unavoidable. If you’ve been involved in an incident on the road (regardless of whether it was related to Commonwealth Games congestion), contact Sinnamon Lawyers today.
