Quick answer
Ask the lawyer to identify the exact charge, explain how you were released, confirm every condition and attendance obligation, and tell you what must happen before the listed court date. Then ask what evidence must be preserved, what contact or statements to avoid, who will appear in court, what the first deliverable is, and what the quoted fee includes.
How to use this guide
The best questions turn the consultation into a decision. They should help you leave knowing what is confirmed, what is still unknown, what you must do next and what the lawyer has agreed to do.
1. What exactly am I accused of?
Give the lawyer the charge sheet, written notice, warning, bail document or any photograph of it. Ask:
- What offence is recorded, and is the wording complete enough to understand the allegation?
- Which facts would the prosecution generally need to prove?
- Is the document a formal charge sheet or only an earlier police or release record?
- What important detail is still missing from the material I have?
Do not ask for a guaranteed outcome from an incomplete document pack. A lawyer may need the formal charge, docket disclosure available at the relevant stage, and your instructions before assessing a defence. The charge-sheet glossary explains why the exact document matters.
2. How was I released, and what conditions apply?
Release may occur on a written notice, warning, police bail, prosecutor-authorised bail or court bail, depending on the circumstances. Ask the lawyer to identify the route from the actual papers and explain:
- every reporting, address, travel, contact or place restriction;
- whether any condition is unclear or apparently inconsistent;
- what could happen if a condition is breached; and
- what lawful process is available if a condition becomes impractical.
Bail is not an acquittal or a withdrawal of the case. It regulates release and attendance while the criminal process continues. Do not ignore a condition because someone informally said it would not be enforced. The bail glossary and arrest-and-release next-step guide provide useful background.
3. What must happen before the court date?
Ask the lawyer to confirm the court, date, time and whether your personal attendance is required. Also ask:
- What is likely to happen at this appearance?
- Will you or another lawyer attend with me?
- Where and when should we meet?
- What documents or information must I deliver first?
- Is any representation, application or evidence-preservation step required before court?
- What should I do if the court details on two documents differ?
A message that the matter may be postponed does not change the obligation recorded in a court order, bail document, warning or written notice. Confirm changes through the proper legal or court channel. See the criminal-court preparation pack and criminal-charge preparation checklist for procedural context.
4. What should I do if police contact me again?
Section 35 of the Constitution protects rights including silence, legal representation and protection against compelled confessions or admissions. Ask:
- Should I agree to a further interview or written statement?
- What is the lawful response to a request for a device, password, sample or document?
- Should the lawyer be present or communicate with the investigating officer?
- What details should I record about the request?
Rights do not authorise lying, obstruction, destruction of evidence or resistance to a lawful warrant or order. The useful question is how to respond lawfully while protecting your position.
5. Which evidence should I preserve now?
Tell the lawyer what exists and where it is held. Ask which original items should be secured immediately, including full message threads, photographs, video, location records, receipts, access logs, medical records or work records. Ask whether any third-party material may be overwritten and whether a formal preservation step is appropriate.
Do not crop, annotate or re-save master files. Do not obtain private records unlawfully. Keep an unchanged original and a separate working copy. The arrest glossary provides related terminology for the handover.
6. Who must I avoid contacting?
Show the lawyer any condition about the complainant, witnesses, places or indirect contact. Ask whether you may respond if someone contacts you first, and what to do with incoming messages.
Do not ask family or friends to approach someone on your behalf. Do not seek a changed statement, apology, settlement or explanation without advice. Indirect conduct can still create witness-interference or condition-breach risk. Preserve the contact and let the lawyer decide the appropriate channel.
7. What is the preliminary defence assessment?
Once the lawyer has enough material, ask:
- Which facts currently help or hurt my position?
- What remains unverified?
- Is there an alibi, identity, intention, authority, consent or other factual issue requiring investigation?
- What should not be assumed until disclosure or further evidence is available?
- What are the realistic next procedural possibilities?
Ask the lawyer to separate known facts, your instructions, third-party allegations and legal inferences. This reduces the risk of building a strategy around an assumption.
8. What representation are you agreeing to provide?
Clarify whether the lawyer is giving a once-off consultation, reviewing documents, communicating with police, preparing an application, appearing on the next date or taking the matter through trial. Ask who will do the work, how urgent contact is handled and what happens if the matter is transferred or postponed.
If private representation is unaffordable, ask about Legal Aid South Africa and how early to apply. Eligibility and case coverage must be assessed under Legal Aid's current rules. The criminal-defence service page and criminal-law hub help classify the service you need.
9. What will it cost, and what is excluded?
Ask for a written explanation of:
- the consultation fee and time included;
- document review and preparation charges;
- appearance fees and whether each appearance is separate;
- travel, advocate, expert, investigator or copying costs;
- deposits, billing intervals and refund treatment; and
- work that requires a new instruction or quote.
Do not compare only the headline amount. Compare the scope, responsible professional, immediate deliverable and exclusions. No responsible lawyer can guarantee acquittal or a specific sentence.
10. What should I do immediately after this meeting?
End by repeating the action plan back:
- the lawyer's first task;
- your first task;
- the next deadline;
- the documents still needed;
- the conduct you must avoid; and
- the next contact or court arrangement.
Ask for corrections if your understanding is wrong. A short written follow-up can prevent confusion about responsibility.
FAQs
Should I tell the lawyer everything, including facts that look bad?
Give the lawyer a truthful, complete account and identify uncertainty. Concealing a damaging fact can distort advice and cause a later surprise. Ask how confidentiality and legal professional privilege apply to the consultation.
Can a lawyer promise that the charge will be withdrawn?
No responsible lawyer should promise an outcome controlled by evidence, prosecutors and courts. Ask for an evidence-based preliminary assessment, the uncertainties and the next decision point.
What if I do not yet have a charge sheet?
Take every document and photograph you do have, including the release notice, receipt and case details. Ask the lawyer what record can be obtained and what can reliably be assessed before it arrives.
Should a family member attend the consultation?
Ask the lawyer first. A support person may help with logistics, but the lawyer may need confidential instructions from you alone and should decide how another person's presence affects the discussion.
Related Lexuno paths
Related articles
Source notes
Legal note
This article is general legal information for South African readers. It is not legal advice. Speak to a qualified legal professional about your specific facts before taking action.