ABSTRACT

Persons considering themselves to have a civil claim against another will normally consult their solicitor. If unable to afford this, they may first visit a legal or law centre and take advantage of any facilities available for free legal advice. There are also various provisions available under State Legal Services Commissions for free legal aid. There is no obligation to consult a solicitor, but legal procedure is technical and detailed and it is a matter of common sense to take advice from those who are experienced and qualified to give it. The first step for the solicitor is to ascertain whether a cause of action is disclosed or whether the matter can be resolved by a straightforward letter to, for example, a debtor asking for payment. This may be all that is required, but, if legal action is needed, the next step is to see whether the action will be taken in the local county or district courts or the Supreme Court (the jurisdiction of each is dealt with in Chapter 4). No court can entertain an action unless it is legally empowered to do so.