A week in the life of a CLC lawyer

Acampaign has been launched by the Australian Services Union in Victoria calling for greater State and Federal Government funding to create better working conditions for community legal centre (CLC) staff.

But these issues are not peculiar to Victoria. Staffing has been an issue in CLCs across Australia, including SA. Not only are CLC staff generally paid less than their counterparts in other sectors, but staff have to deal with extremely high caseloads, meaning they often cannot give each case the attention it deserves.

In SA, a number of CLCs are having difficulties recruiting and retaining staff, and this has been exacerbated by COVID-19 which has not only increased demand for CLC services, but led to rolling staff shortages.

The most vulnerable people in the community are seriously disadvantaged by an under-resourced CLC sector, and it is essential that the State and Federal Government ensure these services are adequately funded so that people who have legal issues that could jeopardise their livelihoods or safety have access to legal help.

To demonstrate the essential work of community legal centres, we spoke to two people about what it’s like to be a community lawyer.

NATALIA KASPRZYK, SENIOR SOLICITOR & PROGRAM COORDINATOR (FLAGS) AT COMMUNITY JUSTICE SERVICES SA

What kinds of legal issues do you assist people with?

Community Justice Services SA provides advice and representation to those who require assistance with legal issues stemming from minor indictable criminal matters and minor civil disputes to issues stemming from separation.

I am employed as senior solicitor and program coordinator of Family Law Guidance and Advocacy Services (“FLAGS”), a new program of Community Justice Services SA that specialises family law and provides representation for those requiring ongoing-assistance with property settlements and disputes regarding children’s care arrangements.

What might a typical week look like for you?

Community Justice Services SA allows for flexible workplace arrangements. As such, I am able to perform my full-time role (38 hours a week) by working from 8am to 6pm, Monday to Thursday.

When I worked under the generalist section of Community Justice Services SA, a typical week would consist of me seeing 5-7 new clients daily for advice only appointments (1 hour at a time) amongst various court attendances, ongoing work on open files, CPDs, general administration and 8-10 cups of coffee. Working for FLAGS, the only change is amount of clients I see weekly which has changed to approximately 6-8.

How do you determine whether a person is eligible for assistance, and what kind of assistance they need?

At Community Justice Services SA, everyone is entitled to free advice and appointments can be made by contacting the Service directly.

For clients seeking ongoing assistance and/or representation in the areas we give, we have eligibility criteria the client must meet to obtain our free service. These criteria include, but are not limited to, means, merit and complexity. We have a guideline when it comes to the income a client (individually and jointly with a dependent) can earn and still use our service, whether this is in combination with Centrelink payments or not, and is weighed up against the client’s expenses. When it comes to merit, the client’s position in the matter must have some likelihood of success. We can also apply other discretionary criteria to help us determine whether a particular client needs assistance with negotiations and/or court representation where, for example, English is not the client’s first language, the client suffers from mental health issues that prohibit them self-representing, the client is a victim of domestic violence and they cannot directly liaise with a legal matter against their abuser.

The purpose of FLAGS is to assist those who cannot be assisted with family law matters under the generalist funding, i.e. their income falls outside of the eligibility criteria and/or their matter is quite complex. We can also apply other discretionary criteria to help us determine whether a particular client needs assistance with negotiations and/or court representation.

What are the demographics of your client base?

Community Justice Services SA provides services to persons living south of Adelaide, including Marion, Victor Harbor, Kangaroo Island, as well the Limestone Coast and extending to the Riverland. The scope of our ongoing assistance is subject to eligibility for those already ineligible for or have been refused legal aid who cannot afford to engage or continue to pay a private solicitor.

Have you noticed any trends with regards to the type of issues people are

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.

QUESTIONS – BULLETIN ARTICLE RE CLCS

ALEXANDRA PSARRAS – SENIOR SOLICITOR, WOMEN’S LEGAL SERVICE (SA) PROGRAM – TEMPORARY VISA HOLDERS EXPERIENCING VIOLENCE

What kinds of issues does the Women’s legal Service (SA) assist people with?

We assist women with a wide range of legal issues including immigration, family law, minor criminal law, intervention order matters, and general advocacy.

What might a typical week look like for you?

I work within a specialist program at the Women’s Legal Services SA, which assists women on temporary visas Holders Experiencing Violence. Therefore, my role includes not only meeting with clients and representation work but also stakeholder engagement meetings, community legal education workshops, and research.

I am most passionate about community legal education and strategizing different ways we can meet with community groups and leaders, stakeholders and organisations who can potentially benefit from our services. This is because community legal education allows us to increase the capacity of women to make informed choices about their own lives and that of their children. Having the information up front allows women to reach out for assistance from services like ours and other community services when they are in need.

A typical week for me is very hectic. I am not only dealing with my own caseload, but I also need to be able to respond to walk-ins and callers on the intake line. We average over 100 phone calls each week for legal assistance. I also have to juggle, in between all of this, meetings with stakeholders, administrative tasks and assisting junior solicitors. Sometimes I am not sure how I manage to survive the week!

How do you determine whether a person is eligible for assistance, and what kind of assistance they need?

First, we meet with or talk to the client over the phone to determine what their legal issues are. At this first meeting may make also provide referrals to the Red Cross for financial support where possible and other non-legal services where necessary. Following the initial appointment, the client’s matter is then assessed against our merit criteria. If a woman is successful in receiving ongoing legal representation, we provide legal assistance free of charge up to and including trial or AAT appearances.

What are the demographics of your client base?

30-39, separated, single parents and experiencing violence. Predominantly seeing trends of clients from India, Iran, Africa and surrounding countries in my program but Women’s Legal Service SA has a diverse range of clients. Our clients: • Range from 15 years old to 82 years of age, • 10 per cent of our clients identify as

Aboriginal and/or Torres Strait Islander • 10 per cent live in outer regional or remote areas of SA (500+ women) • 20 per cent are living with a disability or mental health issue • 20 per cent are homeless • 65 per cent are victims of domestic/ family violence

Have you noticed any trends with regards to the type of issues people are seeking assistance with, the volume people seeking assistance, and/or the complexity of the work involved?

The most common legal issues are immigration and family law and in both areas of law the complexities are magnified by factors such as: • family violence, • lack of access to safe housing and accommodation, • lack of access to financial resources or assistance, • trauma and associated mental health issues, • lack of knowledge of their rights in

Australia, and • limited access to interpreters.

Unfortunately, the reality for many of the women who access our services and for women in my program, COVID-19 and the economic pressures that are being experienced by many families, have exacerbated family violence. With so much uncertainty women are reluctant to seek help or go back to abusive relationships because of lack of finances and/or accommodation. I expect that the situation will only become worse as housing affordability and the cost-ofliving increases.

In addition, many of the clients who access my service have multiple legal issues in addition to the usual challenges of finding safe and affordable accommodation and obtaining financial assistance because many of my clients have no source of income and are ineligible for government assistance. It is not uncommon for the women to have 2, 3 or even 4 legal matters that need to be addressed simultaneously.

What do you think are the main factors contributing to the types of problem women experience when they come to you for help?

It is more difficult for temporary visa holders to access financial help and housing and accommodation due to their visa status which does contribute to their increased vulnerability and the ability for perpetrators of violence to continue to abuse these women. COVID-19 also did and continues to provide a legitimate excuse for perpetrators of violence to use when attempting to isolate victims and their children. As such the challenge for women seeking assistance from us is that the current external environment has created the perfect storm with regards to increasing their level of vulnerabilities.

I must admit at this point, that we have been fortunate that women who access our services are also able to access non-legal supports within the organization. We have financial counsellors, family advocates and will have on board within the next few weeks, mental health specialists to assist our clients as they navigate the legal system. Without the support of these specialist services it would be difficult to manage the complexities of our clients legal and non-legal needs.

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?

The reality for a service like ours, and my program which has only two solicitors working within it, is that demand far outstrips our resources. We have on average between 2,000 to 2,500 women reach out to us each year seeking help. The sad reality is that we can only help about 15 per cent of the women who contact us. Therefore 85 per cent of women are not able to obtain legal help from us. We refer women to legal assistance providers like ours and to private legal practitioners where it is appropriate to do so. We also provide over 4,000 referrals to community services, and government agencies.

What are some of the ways that Women’s Legal Service (SA) has a positive impact on women?

We have already had a few women who have successfully obtained permanent residency through our program. We have assisted most in providing further documentation or information where possible to apply for either permanent residency or a new temporary visa which have either been successful or are being assessed. In relation to family law matters we have assisted women in relation to children’s issues and a small amount of property matters.

For our clients the main feeling they would experience is relief. Living in limbo and not knowing whether they can stay in Australia and whether they would be able to continue to be in their children’s lives due to their immigration status has a massive burden on their emotional wellbeing. Many of our clients come from countries where it is not safe for them or their children to return to, as such any help to assist them in remaining in safety where they do not live in constant fear has a profound impact on their lives and the lives and futures of their children.

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?

There are many referral pathways to accessing our service. For my program clients are usually referred to us through: • Red Cross Australia • domestic violence services and • other community services.

We find that awareness of Women’s Legal Service SA and the services we provide is increasing, however, we recognise that we do need to continue to work hard in maintaining relationships with external stakeholders and community groups so as to raise awareness. For the women who access my program they are often surprised by the fact that there is free legal help available.

I do feel that in South Australia there needs to be greater awareness about community legal centers and the role that we provide in helping the community. It is very easy to get in contact with us and we encourage everyone to reach out and ask questions if you are unsure as to whether we can help a woman.

Have there been any initiatives at your CLC to enhance access to legal services?

Because we are a state-wide service, we have an extensive outreach calendar that covers over 13 different locations across South Australia. We also provide free community legal education workshops to community organisations and community groups. We are always exploring new ways of increasing access to legal help for as many women as possible.

One initiative that we are proud of is the “Ask MARIA” app which is an app that provides general information on a wide range of issues including finance, housing, immigration and respectful relationships in nine different languages. The app is unique because it allows women to obtain information in audible form. This is really useful because there is a significant cohort of women who are not literate in their own language. This app allows women to be able to access the information they need and to link in with services in their own regional areas. B July 2022 THE BULLETIN 9