Navigating the legal world can often feel daunting and inaccessible, especially for those who aren’t familiar with its intricacies. Whether it’s dealing with personal relationships, property transactions, or planning for the future, the law touches nearly every aspect of our lives. Yet, many people are hesitant to seek legal advice, often due to misconceptions about the process or concerns about costs.
In this guide, Kat Hatzidakis, founder of the boutique law practice Accessible Law, sheds light on the importance of legal awareness and offers practical advice on how to approach legal matters confidently. With a focus on making the law more approachable and less intimidating, Kat shares her “Ten Commandments” for engaging with the legal system, ensuring you can make informed decisions and protect your rights in various situations.
Hello! My name is Kat Hatzidakis, and I have a boutique law practice called Accessible Law. Before I say anything about how the law can assist you – let’s discuss the elephant in the room. Most people are resistant to seeing a lawyer. Often, people are mistrustful of lawyers and the law. The law can seem and feel mysterious and inaccessible, to say nothing of the cost factor.
So, what do you do if you have a legal problem? Is there value in being able to confidently interact with the law and lawyers? In my experience, YES!
Quite rightly, you may be thinking: fair enough, but how exactly can the law and lawyers assist me? Why should I go and see a lawyer? In a nutshell, information and legal advice on your options to resolve your legal problem.
It would be impossible in one article to set out all the legal information or pointers on how the law could assist you in your everyday lives, relationships, and businesses. So, I have distilled the Ten Commandments.
One – Do not hesitate to find out what your legal rights and obligations are! Having that information will assist you to view your circumstances through an objective lens, help you see your options, make better decisions, and move forward.
Two – Find a lawyer that you feel comfortable with. Visiting a lawyer can be an ordinary everyday occurrence. Ask people that you know and trust for referrals. If you cannot afford a lawyer, there is a network of Community Law Centres around the country that can provide free legal advice and assistance; see: www.communitylaw.org.nz/. Similarly, with Citizen Advice Bureaus, see www.cab.org.nz.
Three – If you choose a paid lawyer, make sure that you are crystal clear about the legal fees. Legal rules require that lawyers give you clear and precise information about how they will charge, e.g., is it a fixed fee? Will the work be charged on an hourly rate? If so, what is it? Will the lawyer be charging for any expenses? Will there be any administration fee? If the lawyer charges on an hourly basis, ask them for an estimate of how many hours they think it will take.
Four – Don’t stick around. If you do not get the clarity around fees that you require, or if your lawyer is not providing the service that you expect, consider finding another lawyer. Let your lawyer know you are unhappy and why. If they remedy the situation to your satisfaction, good – if not, be clear about the date you terminate their retainer so that the clock stops on the legal fees.
Five – Choose a lawyer that is real. Initially, it may feel good to have a lawyer that tells you what you want to hear, but often in the long run, it is better to have one that will be honest with you and who gives you realistic options. It will save you thousands in legal fees.
Six – Be legally informed when starting and ending relationships. Do you remember that wonderful candlelight dinner under the full moon on the sweet-smelling jasmine patio when you said to the love of your life, after the free-flowing champagne, that you would share all your worldly goods with them, and woke up five years later thinking, “OMG, what did I say that for?” The good news is that any agreement you wrote on the diner napkin that fateful night is not legally enforceable.
Contracting Out Agreements, or what in the movies are often referred to as pre-nuptial agreements, are not a sign that you mistrust the other person. These agreements clearly document the understood agreement between both parties about what they agree to in relation to property. To be enforceable, these agreements have certain processes that need to be followed, e.g., both parties have to receive independent legal advice before they are signed. Similar agreements also exist for the ending of relationships.
Seven – Dealing with care arrangements for children after separation. Based on my experience, what I say to people is that the ending of a relationship is never easy and often chaotic. If you can sit down with your ex-partner and agree on childcare arrangements, separating your process from what the children need, and then document your agreement, it will be very helpful.
Eight – Dealing with incapacity. Most people believe that if their significant other can no longer communicate their wishes, or in a nutshell does not have sufficient understanding to know what they are deciding (e.g., if they are in a coma, after an operation, adverse reaction to medication, dementia, or a stroke), they can automatically step in and make legal decisions for them. Unfortunately, that is not the case.
Your partner has to document their choice of who can make legal decisions on their behalf in relation to their welfare and property in documents called Enduring Powers of Attorney. If you do not have these documents and your partner is no longer able to sign them, you will need to apply to the Family Court.
In terms of legal fees – it varies according to which lawyer you go to. However, there are cost-effective alternatives; some community law centres may be able to assist, as well as some trustee companies – it pays to shop around. Having these documents in place, even though you may never (hopefully) need them, can give you peace of mind.
Nine – Purchasing property and business. Please do not sign any agreements before you have read and understood them! When you are purchasing property, make sure that you understand that there are different ways that you can own property. Ensure that your lawyer clearly explains the options. When entering business partnerships or agreements, the ‘She’ll be right’ approach should, for obvious reasons, be avoided. Clarity and documented agreements are, in my view, the better way forward, and your lawyer can assist you with this.
Ten – Death. It is a good idea to have a Will. If you have children under 18 years old (minors), you can set out in your Will who you would like to take care of them. You can also set out any burial or cremation instructions, name the people who will inherit your worldly goods (called the beneficiaries), and set out who you trust to ensure that your wishes are carried out (called the executors or executrices). Wills are legally enforceable documents if they are properly signed and witnessed.
The Ten Commandments and the information in this article are based on my experience. They are not legal advice. My aim is to point you in the right direction, and your lawyer will be able to advise you on the other things that you need to consider so that they can provide you with legal advice tailored to your circumstances.
Kind Regards,
Kat Hatzidakis
Lawyer, Accessible Law
CONTACT KAT HERE!
