Expanding Justice Access in Australia

Productivity Commission of Australia, ‘Access to Justice Arrangements’ (Inquiry Report No 72, 5 September 2014) Volume 1, 20 <http://www.pc.gov.au/inquiries/completed/access-justice/report>.

Renouf Gordon Anderson Jill Lovric Jenny , ‘Pro Bono Opportunity in Discrete Task Assistance’ (July 2003) 56 Law Society Journal (NSW) 54 at 55, identify common examples of limited scope services including assisting with divorce (but not property settlement), preparing initiating court or tribunal documents (but not acting in the proceedings), briefing counsel to settle pleadings, advising on appropriate matters to raise at a sentencing hearing (but not attending the hearing), drafting documents for an unrepresented litigant, research (but not representation).

American Bar Association, Model Rules of Professional Conduct Rule 1.2c.

The American Bar Association Resource Centre contains comprehensive information about limited scope rules and regulation in all American States, along with extensive practical professional guidance for lawyers. <http://www.americanbar.org/groups/delivery_legal_services/resources.html>

Law Society of England and Wales, ‘Unbundling Civil Legal Services: Practice Note’ (4 April 2016).

For a summary of the different provisions, see: An Analysis of Rules that Enable Lawyers to Serve Self-Represented Litigants: A White Paper' (August 2014) <http://www.americanbar.org/content/dam/aba/administrative/delivery_legal_services/ls_del_unbundling_white_paper_2014.authcheckdam.pdf> 19.

QGC Pty Ltd v Bygrave Reeves, (2010) 186 FCR 376; Blacktown City Council v Wilkie (No 11) [2011] NSWLEC 206.

[2007] NSWSC 1153.

[2015] SADC 100.

See Christensen Sharon , ‘A lawyer's duty of care: Beware the failure to advise of contingencies and foreseeable risks’ (2012) 26(9) Australian Property Law Bulletin 2.

In both of the legal advice clinics operated by the Adelaide Law School clients sign a disclaimer acknowledging that we provide limited advice and support at the discretion of the service, and that we can cease providing support at anytime.

See, eg, Montana Judicial Branch, Court Administrators Office, Attorney LSR Resources <http://courts.mt.gov/cao/ct_services/probono/retainer>.

Kimbro Stephanie L , ‘Law a la Carte: The Case for Unbundling Legal Services’ (2012) 29(5) GP Solo 2 <http://www.americanbar.org/publications/gp_solo/2012/september_october/law_a_la_carte_case_unbundling_legal_services.html>.

Productivity Commission of Australia, Access to Justice Arrangements' (Inquiry Report No 72, 5 September 2014) Volume 2, 644–55.

Sourdin Tania Wallace Nerida : ‘The Dilemmas Posed By Self-Represented Litigants: The Dark Side’ (2014) Access to Justice, Paper 32, 6; Productivity Commission, above n 1, 491; see also Macfarlane Julie , The Notional Self-Represented Litigants Project: Identifying and meeting the needs of self-represented litigants (Treasurer's Advisory Group on Access to Justice, Canada, 2013) 9.

There is no firm statistical evidence about the outcomes experienced by self-represented parties, but the consensus is that they fare less well overall. See: Dewar John Smith Barry W Banks Cate , ‘Litigants in Person in the Family Court of Australia: A Report to the Family Court of Australia’ (Research Report 20, Family Court of Australia, 2000) 50; Productivity Commission, above n 1, 497–8; Australian Institute of Judicial Administration, ‘Litigants in Person Management Plans: Issues for Courts and Tribunals’ (2001) 5.

For example, Victoria has introduced a Self-Represented Litigant Coordinator into the County and Supreme Courts; and many jurisdictions including NSW, Qld and WA have adopted ‘benchbooks’ for better management of self-represented litigants.