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Annual Report 2011 - Legal Services Commissioner

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Engagement with<br />

community groups<br />

Consumers will often turn to<br />

community support services and<br />

information networks when in need<br />

of assistance, for example when<br />

things go wrong with their lawyer.<br />

Therefore, the LSC engages with a<br />

cross-section of community support<br />

groups through the Outreach<br />

Program. The LSC distributes<br />

information about consumers’ rights<br />

and responsibilities when engaging<br />

a lawyer and the process for making<br />

a complaint with the LSC. The LSC<br />

met with representatives from 71<br />

community support services through<br />

the 2010-11 Outreach Program, which<br />

included crisis support organisations,<br />

information referral services, disability<br />

support groups, multicultural services,<br />

indigenous services and services for<br />

youth and the aged.<br />

Organisations that the LSC<br />

met with in 2010-11 included:<br />

• Salvation Army Court and Prison<br />

Chaplains, Melbourne<br />

• Mornington Community Information<br />

and Support Centre Inc<br />

• Lilydale and District Community<br />

Information Centre<br />

• Broadmeadows Women’s<br />

Community House<br />

• Citizen Advocacy, Sunbury<br />

• Arabic Welfare Incorporated,<br />

Brunswick<br />

• Colac Area Health Financial<br />

Counselling, Colac<br />

• Corangamite Shire Council, Cultural<br />

and Community Development Unit,<br />

Camperdown<br />

• Centacare South West Family<br />

<strong>Services</strong>, Warrnambool<br />

• Brophy Family and Youth <strong>Services</strong>,<br />

Portland and Hamilton<br />

• Harrison Community <strong>Services</strong>,<br />

Uniting Care, Wantirna<br />

• Westernport Accommodation and<br />

Youth Support Service, Dandenong<br />

• Outlook Disability <strong>Services</strong>,<br />

Pakenham<br />

• Aboriginal Liaison Officers,<br />

Goulburn Valley Health, Shepparton<br />

• Youth Referral and Independent<br />

Person Program, Uniting Care<br />

Cutting Edge, Shepparton<br />

• Adult Mental Health, Goulburn Valley<br />

Health, Shepparton, and<br />

• Macedon Ranges Family and<br />

Community <strong>Services</strong>, Kyneton.<br />

Feedback on the relationship<br />

between lawyers and consumers<br />

The LSC also seeks feedback from<br />

community groups, both positive and<br />

negative, on the overall relationship<br />

between consumers and lawyers in<br />

local areas. This information assists<br />

the LSC in identifying emerging issues<br />

and key trends in the lawyer-client<br />

relationship. It also influences the<br />

education activities and messages<br />

communicated to the legal profession<br />

through ethics workshops and seminar<br />

presentations. Some of the issues<br />

that were identified during discussions<br />

with community support groups in<br />

2010-11 included:<br />

• the language used by lawyers is<br />

inaccessible to many consumers<br />

• access to lawyers in rural<br />

communities is sometimes difficult<br />

• there is a lack of legal information<br />

available in languages other than<br />

English<br />

• due to the demands on their<br />

services, legal aid duty lawyers<br />

are often not able to spend enough<br />

time with clients before appearing<br />

in court, causing stress and further<br />

delays in having matters heard<br />

• communication with consumers<br />

is often not managed effectively,<br />

leading to unrealistic expectations<br />

of clients, a poor understanding<br />

of court and settlement processes,<br />

and perceptions of conflict of<br />

interest when lawyers from<br />

opposite sides are friendly towards<br />

each other<br />

• lawyers sometimes do not<br />

understand or make allowances<br />

for the emotions of clients who<br />

are in crisis situations<br />

• legal costs are generally poorly<br />

understood, frequently leading<br />

to disputes about legal fees, and<br />

• outdated court buildings restrict<br />

the ability for clients to have<br />

private conversations with their<br />

lawyers, and can expose children<br />

appearing in court to adult<br />

offenders in some locations.<br />

Engagement with<br />

Members of Parliament<br />

The LSC provides information about<br />

the complaints handling process to<br />

the electorate offices of Members<br />

of Parliament (MPs). Constituents<br />

often approach their local MPs for<br />

information or assistance on specific<br />

issues. The LSC therefore visits the<br />

offices of local MPs as part of the<br />

Outreach Program. During the year,<br />

the LSC visited a total of 19 state<br />

and federal MPs’ electorate offices.<br />

LSC staff explain the role of the LSC<br />

to the electorate officers and provide<br />

brochures and other publications that<br />

can be provided to constituents who<br />

inquire about client-lawyer issues.<br />

Community advocate<br />

organisations<br />

Community legal centres, specialist<br />

legal services and Victoria <strong>Legal</strong> Aid<br />

are important stakeholders for the<br />

LSC because of their role in providing<br />

legal services and advocating for the<br />

rights of the community. In 2010-11,<br />

the LSC met with representatives<br />

from the following organisations:<br />

Community legal centres<br />

• Broadmeadows Community<br />

<strong>Legal</strong> Centre<br />

• South West Community <strong>Legal</strong><br />

Service, Warrnambool<br />

• Fitzroy <strong>Legal</strong> Service<br />

• Eastern Community <strong>Legal</strong> Service,<br />

Box Hill office, and<br />

• the pilot Goulburn Valley Community<br />

<strong>Legal</strong> Service, Shepparton.<br />

24 <strong>Legal</strong> <strong>Services</strong> COMMISSIONER <strong>Annual</strong> <strong>Report</strong> <strong>2011</strong>

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