A solution to increasing rates of self representation in the Family Courts. Concurrent session Thursday 12th November.

1. The emergence of the non profit law firm:
A solution to increasing rates of self
representation in the Family Law Courts
Ms Carolyn Devries

5. Google
Family lawyers

7. ?
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8. How many self represented litigants
are there?

9. A snapshot of self representation in the Family
Court of Australia
Cases resolved prior to trial
Both parties self represented
One party self represented
Both parties with legal representation
Cases proceeding to trial
One party self represented
Both parties self represented
Both parties with legal representation
Source: 2010-11 Annual Report of the Family Court of Australia

10. A snapshot of self representation in the Federal
Circuit Court of Australia
Representation in final applications
Both parties self represented
One party self represented
Both parties with legal representation
Source: 2010-11 Annual Report of the Federal Circuit Court of Australia

11. Why does this matter?

12. What has led to the high rates of self
representation?

13. Commercial
Models of Legal
Service Delivery
Government
Funded Models of
Legal Service
Delivery
Traditional models of delivery of Legal Services

14. Commercial Models
of Legal Service
Delivery
Government Funded
Models of Legal
Service Delivery
Traditional models of delivery of Legal Services

15. Limited eligibility for Legal Aid
“The Commission estimates that only 8% of households would likely meet
income and assets tests for Legal Aid.”
- Access to Justice Arrangements, Productivity Commission Inquiry
Report No. 72, 5 September 2014, p. 20.
• 50% of self represented litigants surveyed in the Family Court of Australia had
applied for Legal Aid
• 50 – 67% were unsuccessful mainly due to means and merits tests and Legal
Aid guidelines
• 25% of self represented individuals were appearing self represented while
holding a grant of Legal Aid
- Hunter, R., Giddings, J. and Chrzanowski, A. 2003, Legal Aid and Self-
Representation in the Family Court of Australia.

16. Community Legal Centres at capacity
• Number of women trying to access evening advice service have doubled in the
last 12 months
• 5-7 women are turned away per night because there is no capacity to see them
- Women’s Legal Service Queensland sub. 33, Access to Justice Arrangements,
Productivity Commission Inquiry Report No. 72, 5 September 2014, p. 98.
• 63% of service providers were not able to meet demand for legal services
• 20% of all clients in need of assistance were turned away
• 85% of community legal services reported targeting their services more tightly or
limiting service levels to meet demand
- Australian Council of Social Services 2013, Australian Community
Sector Survey 2013, ACOSS Paper 202.

17. High hourly rates for private lawyers
Source: Access to Justice Arrangements Productivity Commission Inquiry Report No. 72, p. 116

18. Reasons why people self represent
Source: Access to Justice Arrangements Productivity Commission Inquiry Report No. 72, p. 491

19. What can we do about it?

21. Australia’s first non profit
law firm

22. Emergence of the non profit law firm
6 March 2009 27 July 2011 July 2013 Nov 2013
AUSTRALIA
UNITED KINGDOM
UNITED STATES

23. Non profit law firm model
Recognised
and
registered as
a Non Profit
Organisation
Recognised
and
registered as
a Law Firm
Non
Profit
Law
Firm

24. Characteristics of the non profit law firm model
Commercial Service Models Government Funded Service
Models
Non Profit Law Firm ModelCommercial Service Models Government Funded Service
Models
Non Profit Law Firm Model
Source of Operating
Revenue
Fees charged for services (the
purpose of fees is to cover
costs and generate a return for
investors)
Predominantly government
grants and funding
• Government grants and
funding
• Grants and funding from
private foundations or
philanthropic trusts
• Donations and fundraising
• Fees charged for services
(the purpose of fees is simply
to cover costs)
Commercial Service Models Government Funded Service
Models
Non Profit Law Firm Model
Source of Operating
Revenue
Fees charged for services (the
purpose of fees is to cover
costs and generate a return for
investors)
Predominantly government
grants and funding
• Government grants and
funding
• Grants and funding from
private foundations or
philanthropic trusts
• Donations and fundraising
• Fees charged for services
(the purpose of fees is simply
to cover costs)
Service Areas
Full scope and range of
services
Limited scope and range of
services
Full scope and range of
services but more suited to
emotional areas of law
Commercial Service Models Government Funded Service
Models
Non Profit Law Firm Model
Source of Operating
Revenue
Fees charged for services (the
purpose of fees is to cover
costs and generate a return for
investors)
Predominantly government
grants and funding
• Government grants and
funding
• Grants and funding from
private foundations or
philanthropic trusts
• Donations and fundraising
• Fees charged for services
(the purpose of fees is simply
to cover costs)
Service Areas
Full scope and range of
services
Limited scope and range of
services
Full scope and range of
services but more suited to
emotional areas of law
Client Base
Non discriminatory (open to all
individuals that can meet
payment)
Non discriminatory and
discriminatory
Can be either non discriminatory
or discriminatory
Commercial Service Models Government Funded Service
Models
Non Profit Law Firm Model
Source of Operating
Revenue
Fees charged for services (the
purpose of fees is to cover
costs and generate a return for
investors)
Predominantly government
grants and funding
• Government grants and
funding
• Grants and funding from
private foundations or
philanthropic trusts
• Donations and fundraising
• Fees charged for services
(the purpose of fees is simply
to cover costs)
Service Areas
Full scope and range of
services
Limited scope and range of
services
Full scope and range of services
but more suited to emotional
areas of law
Client Base
Non discriminatory (open to all
individuals that can meet
payment)
Non discriminatory and
discriminatory
Can be either non
discriminatory or discriminatory
Personnel Employees Employees and volunteers Employees and volunteers
Commercial Service Models Government Funded Service
Models
Non Profit Law Firm Model
Source of Operating
Revenue
Fees charged for services (the
purpose of fees is to cover
costs and generate a return for
investors)
Predominantly government
grants and funding
• Government grants and
funding
• Grants and funding from
private foundations or
philanthropic trusts
• Donations and fundraising
• Fees charged for services
(the purpose of fees is simply
to cover costs)
Service Areas
Full scope and range of
services
Limited scope and range of
services
Full scope and range of services
but more suited to emotional
areas of law
Client Base
Non discriminatory (open to all
individuals that can meet
payment)
Non discriminatory and
discriminatory
Can be either non discriminatory
or discriminatory
Personnel Employees Employees and volunteers Employees and volunteers
Client Care
Inherent tension between
lawyer and client regarding
‘cost’ of care
Insufficient resources to respond
to demand for client care
Client care activities provided on
virtually a cost neutral basis