ASSISTANCE WITH LEGAL PROBLEMS

It is very important that you decide as soon as possible whether or not you will present your own case to the court or tribunal. This decision should be made only after carefully considering all of your options.

When deciding whether or not to self-represent, ask or read about the court or tribunal you are going to appear in. It might also help to read the Act of Parliament that regulates that particular court or tribunal, so you know what its powers are.

It is essential that you go to the relevant court or tribunal and familiarise yourself with how hearings are conducted. Almost all are open to the public. It may be useful to observe the hearing of a case similar to yours. If you don't have time to do this, it is unlikely that you will have time to prepare your case properly. Take notes of the procedures and the roles of the different parties. Pay attention to the kind of language used and find out the meaning of any terms you do not know. If you are familiar with the procedure and atmosphere beforehand, it may not be quite as stressful when you are presenting your own case.

When you have found out what is involved in representing yourself, you need to sit down and think about it very carefully. You may decide that this is not the best option for you, or that it would be too hard for you to do it on your own. If you need to get legal assistance, it is important to do so as early as possible before your case is to be heard. The legal assistance available to you may be limited to advice prior to your case being heard.

Weigh up what is at stake and ask yourself whether you have:

Do not be too hard on yourself: recognise that it will be a challenge, especially if you have never done anything like this before. If you still feel able to answer yes to these sorts of questions when you know what is involved, then you are in a position to represent yourself.

Your decision to represent yourself may be because you can't afford to get a lawyer to represent you, and do not qualify for legal aid. Victoria Legal Aid (VLA) does not have the capacity to aid all the people who are unable to pay for a lawyer to represent them, but it can provide you with some information or advice.

You can find out information about courts and tribunal, how they operate, and the laws you need to know from the State Library and VLA's public law library at 350 Queen Street, Melbourne. Other good sources of information include: community legal centres; clerks and Registrars of courts and tribunals; the Victorian Courts Network; the Law Institute's Legal Referral Service (go to www.liv.asn.au and follow the links), and Victoria Legal Aid.

VLA runs regular workshops for people who wish to represent themselves in family law matters. In particular they also provide Do-it-Yourself Divorce classes. VLA's offices have a wide range of free booklets covering various aspects of law. These booklets are also available via the VLA website at www.legalaid.vic.gov.au. VLA also provides advice clinics at its regional offices. These free clinics are usually held once a week on a first come, first served basis.

There are over 50 community legal centres situated throughout Victoria. They are staffed by salaried and volunteer lawyers and non-legal staff. The range of services provided varies, as each of the centres has developed its own specific set of guidelines. Community legal centres are a good starting point to get advice, determine eligibility for legal assistance and complete application forms for legal assistance. To find the closest centre to you, contact the Federation of Community Legal Centres (tel: 9652 1500) or visit the website at www.communitylaw.org.au

Legal aid describes the services available for people who are unable to afford the cost of the assistance they need to resolve a legal problem. It is the principal provider of legal assistance in Victoria. It employs lawyers to act on behalf of people who qualify for grants of legal assistance. A grant of legal assistance refers to the allocation of funds by Victoria Legal Aid for a lawyer to act for a person who requires legal work to be done on their behalf in court.

To apply for legal assistance, a written application must be submitted to VLA. If you choose to get a lawyer or community legal centre to act for you, they can assist you in completing the application. Many lawyers can now do this electronically. Alternatively, you can mail or personally deliver your applications directly to VLA.

The Victorian Aboriginal Legal Service (VALS) provides a legal service to Aboriginal people who need a criminal, family or civil lawyer. The service is available to all persons of Aboriginal or Torres Strait Islander descent. It may also include any person who identifies with the Aboriginal community through family ties or relationships.

Sometimes, private lawyers are funded to do legal aid work. In these circumstances, VLA pays the lawyer. Ask about applying for legal assistance when you make an appointment, and find out as soon as possible whether the application has been granted.

The Law Institute of Victoria's Legal Referral Service provides free referrals to lawyers who practise in specific areas of law, and who will provide the first 30 minutes free of charge. Normal fees will be charged after the first 30 minutes, or if additional work needs to be done.

Many lawyers do not advertise the fees they charge, which makes comparison of prices difficult. Lawyers must provide detailed written information to you both before and after you agree to "hire" them. If you do not receive this information, you should insist on it. You may have the right to have your costs reduced as a penalty for the failure to supply it. Victoria's Legal Services Commissioner is responsible for the investigation and resolution of complaints about lawyers.

For more information on this subject refer to The Law Handbook chapter 2.