Lawyers were becoming more and more reluctant to take on legal aid work because of the low rate of remuneration and the President of the Law Council of Australia, Ross Ray QC has called for something to be done. Mr Ray told the 2008 National Access to Justice and Pro Bono Conference in Sydney that a survey commissioned for the Attorney-General’s Department revealed that one in three law firms currently practising family or criminal law in Australia had moved away from providing legal aid services. Mr Ray told the conference that 33 per cent of firms that had provided legal aid in Australia in the past had ceased, while a further 19 per cent had never provided it in the first place.
Low pay driving them away
“The key reason cited in both situations is the rate of remuneration,” he said. “According to the study, in most cases, the rate for legal aid work is, at best, 50 per cent less than if the work was paid for commercially.” Mr Ray said the latest pro bono figures revealed the legal profession had “generously donated its time and expertise to the community for many years. “However, the current low level of legal aid fees can’t be allowed to continue,” he said. Mr Ray said the Law Council had written to Attorney General, Robert McClelland, outlining seven key policy principles they had developed, which included increasing fees for private practitioners. He said the principles covered a range of legal assistance sector issues, including breaking down the Commonwealth/State divide, incentives for lawyers to practice in remote areas and increased funding for Commonwealth Legal Centres and Indigenous legal services. “The Law Council believes that these key policy principles should be considered by the Government in any reforms to legal aid and access to justice issues,” Mr Ray said. The conference featured the launch of a report commissioned by the Victorian Bar which revealed that over the past 15 years, Victoria Legal Aid (VLA) fee increases had not kept pace with CPI and the general expenses of running a practice. “Unless the main issue affecting practitioners is addressed – the rate of remuneration – there will be a steady decline in the number of practitioners willing to take legal aid cases over the next five years,” Mr Ray said.
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