The emergence of the non profit law firm: A solution to increasing rates of self

representation in the Family Law CourtsMs Carolyn Devries

DECLINEDxLegal Aid

GoogleFamily lawyers

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How many self represented litigants are there?

A snapshot of self representation in the Family Court of AustraliaCases resolved prior to trial

Both parties self representedOne party self representedBoth parties with legal representation

Cases proceeding to trial

One party self representedBoth parties self representedBoth parties with legal representation

Source: 2010-11 Annual Report of the Family Court of Australia

A snapshot of self representation in the Federal Circuit Court of Australia

Representation in final applications

Both parties self representedOne party self representedBoth parties with legal representation

Source: 2010-11 Annual Report of the Federal Circuit Court of Australia

Why does this matter?

What has led to the high rates of self representation?

Commercial Models of Legal

Service Delivery

Government Funded Models of

Legal Service Delivery

Traditional models of delivery of Legal Services

Commercial Models of Legal Service

Delivery

Government Funded Models of Legal Service Delivery

Traditional models of delivery of Legal Services

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.

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.

High hourly rates for private lawyers

Source: Access to Justice Arrangements Productivity Commission Inquiry Report No. 72, p. 116

Reasons why people self represent

Source: Access to Justice Arrangements Productivity Commission Inquiry Report No. 72, p. 491

What can we do about it?

Australia’s first non profit law firm

Emergence of the non profit law firm

6 March 2009 27 July 2011 July 2013 Nov 2013

AUSTRALIAUNITED KINGDOM

UNITED STATES

Non profit law firm model

Recognised and registered as a Non Profit Organisation

Recognised and registered as a Law Firm

Non Profit Law Firm

Characteristics of the non profit law firm model  Commercial Service Models Government Funded Service

ModelsNon Profit Law Firm Model  Commercial Service Models Government Funded Service

ModelsNon 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