Overcoming the challenges of Australia's inaccessible justice system
In Australia the legal system faces a sad reality. If you can’t afford a lawyer, then you can’t access justice.
What that means in practice is a situation few would be willing to confront. Take the ACT Women’s Legal Centre:
if it loses $100,000 in federal funding, it will not be able to support
500 women over the next years. Two thirds are likely to be the victims
of domestic violence, and two thirds will have no-income or earn less
than $35,000 per year.
That some of the most vulnerable in our society struggle to access
the justice they deserve is a consequence of what former High Court
Justice Michael Kirby describes a Rolls Royce legal system.
“When a client can afford lawyers and get to courts, the standards are very high,” he says.
“Most people drive second-hand Holdens and can’t afford lawyers. For
the moment, we continue to improvise with pro bono and limited public
legal aid. Finding solutions to access to the law and justice is the
biggest challenge for Australian judges and lawyers in the 21st
century.”
Anecdotal evidence suggests
that the number of self represented litigants is rising. This is backed
up by research commissioned by the Law and Justice Foundation of New
South Wales in 2012 that found many people do not get legal help because
they don’t know how, think it will be too stressful, or simply because
they don’t believe they can afford it.
When people are forced to act for themselves it often leads to poor
outcomes. There is a well known saying amongst lawyers: “a lawyer who
represents himself has a fool for a client”. This is because it is much
harder to negotiate or deal with conflict on your own behalf than with
someone to help you.
You would think that given how important the legal system is to our
society, and in particular the importance of community’s faith in
government, that Legal aid programs would be adequately funded. Instead,
the opposite is true. Legal aid funding has been falling for almost two decades, despite the public’s need for legal help increasing.
As it stands, it has been estimated that just eight per cent of
Australians are eligible for legal aid. A far greater proportion of
Australians cannot afford a lawyer. How can this gap be filled?
Community legal centres, through no fault of their own, cannot pick
up the slack. Amid a constant battle for funding, they are struggling to
stay open. Most already operate on a shoestring budget, with lawyers
working on a contract basis with limited job security.
At LawAdvisor we want to be part of the solution. We have built a ‘market network’ for legal services. An online platform that allows clients to source reliable, basic legal advice, easily access a variety of legal providers, and offers those providers a software-as-a-service product. It makes it possible for every lawyer to operate as an online firm, decreasing costs and increasing access.
For someone outside the system, who doesn’t know a lawyer, or where
to find one, technology can vastly improve their outcomes. At LawAdvisor
clients are able to receive quotes from multiple lawyers, giving them
the context required to make the best decision when selecting a lawyer.
But we also recognise we’re just a young startup that can only do so
much. It will take a community-wide effort. All Australian governments
need to recognise the importance of legal aid programs and community
legal centres and give them proper financial support. Lawyers need to
think about how they can better provide cost-effective legal help.
Most
importantly, the complexity of our legal system needs to be addressed.
Costly court procedures fail to provide real justice if they are too
expensive for ordinary people. We must grapple with the reality that the
legal system only works for the rich. We’re trying to address this at
LawAdvisor. It’s not easy, and we can’t do it alone, but it must be
done.