LSB July 2022 LR

LAW IN THE COMMUNITY
seeking assistance with, the volume of
people seeking assistance, and/or the
complexity of the work involved?
I haven’t been able to identify any
trends, per say, however I have noticed
the complexity of matters has increased
in recent years. In family law matters, the
prevalence of domestic violence, increased
use of illicit substances and mental health
concerns contribute to the complexity of
family law matters. Social factors such as
these, collectively and individually, have
always been a feature of some separations.
The COVID-19 pandemic has increased
the frequency of matters that involve these
factors which can, in turn, increase the
complexity of the legal issues at hand.
Apart from COVID-19, has anything
else contributed to the increased
demand in CLC services?
As the Service and its reputation has
grown over time, community members are
now aware of our presence and the scope
of our services. I see that more and more
people who are not eligible for legal aid
seek assistance with their civil disputes and
representation with their family disputes
and criminal matters.
Do you find you have to turn some
people away due to lack of resources?
If so, do you know approximately how
many you have to turn away, and do
you try to direct them towards other
avenues they could pursue?
We try not to turn people away due to
a lack of resources and instead find key
referrals so they can still be supported.
However, our resources are limited and
we cannot help everyone even when they
may meet our criteria. There are some
areas of assistance such a personal injury,
victims of crime, Workcover or intellectual
property that the Service is not funded
to provide advice about and in those
instances, clients are referred to private
practitioners at the time they enquire for
an appointment with the Service. Then
there are matters in which we may provide
general advice to clients but refer to
other community-based services which
are funded to provide specialised advice
and ongoing assistance, for example
employment law (youth), family mediation
and legal advice clinics for assistance with
minor civil claims. In matters where we
are providing assistance, if an issue arises
concerning the client’s ongoing merit
comes into question, for example, their
position becomes untenable and they
refuse reasonable advice going forward,
we have to re-assess their eligibility for
continuing assistance.
Can you talk about the kind of impact
your service has on vulnerable clients?
The common denominator amongst
our diverse clients relates to finances –
they all cannot afford private solicitor fees.
As such, by the time they find out about
and engage with our service, they will have
already faced this obstacle in their pursuit
to access justice. On top of this, some are
struggling with their mental health, fleeing
a dangerous situation at home, are at risk
of homelessness, or have prejudice to the
legal system from past experiences. Most
legal proceedings take time and keeping a
client engaged and focused is not easy, let
alone when they are experiencing some
or all of the above issues. However, it is
extremely rewarding to see your client
come out the other side, happy with the
outcome we were able to get for them.
One example I can think of is a client
who lived in a remote regional town. This
client found themselves in a dispute with
their former partner over the ongoing care
of their young children.
There was history of domestic violence
between the parties and ongoing drug
abuse as well as neglect of the children.
This client was not eligible for legal aid and
could not afford a private lawyer. CJSSA
was the only resource available to this client
and, after almost three years in the Court
system, we helped this client retain primary
care of the children and remove them from
a negative environment on a final basis.
How are people directed towards your
services? Do you find that the majority
of people who need legal assistance
know where to go, or have you found
there is a significant lack of awareness
about CLCs and who people should
contact for suitable legal assistance?
Community Justice Service SA has
existed in the community (in one form
or another) for almost 40 years. Locally,
we are well known by other services and
private practitioners in the southern area.
We have a well-resourced website and
social media presence on LinkedIn and
Facebook. Despite this, there is still a
significant lack of awareness about CLCs
in the professions in SA. People seem to
think there is Legal Aid and then that’s it,
there’s no other way to get free assistance.
Alternatively, some people think we are a
part of the Legal Services Commission. As
our presence expands (with programs like
Bushfire Community Legal Program and
FLAGS) clients and practitioners alike will
become more aware of our service, what
we actually do and first-time clients will
stop asking whether we are “real” lawyers
or not.
Have there been any initiatives at
your CLC to enhance access to legal
services?
We have made applications for
additional funding grants to get more
solicitors and more specialised programs
so that we can extend our ability to assist
people accessing legal services.
In recent years, we have re-designed
our website so more information is
available to clients, and they can make
appointments online. We have gained a
bigger presence on social media (Facebook
and LinkedIn) to build awareness of our
place in the legal sector.
July 2022 THE BULLETIN 7