Annual Report 2011 - Legal Services Commissioner
Annual Report 2011 - Legal Services Commissioner
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>