Legal problem but can’t afford a lawyer

Q: I’ve got a legal problem, but I can’t afford a lawyer. Is there anyone I can contact?

A: There are many places where you can get free legal advice. Some of these services may also be able to represent you depending on your income and assets, the type of legal problem you have and your chances of success in resolving your problem through the law.

LawAccess NSW

LawAccess NSW is a government service that provides free legal advice and information and referrals to people in NSW over the phone, and is often a good place to start. LawAccess cannot act for you in your matter but can tell you whether it is a problem the law can help with, give you general legal advice and tell you who may be able to assist you. You can contact LawAccess NSW on 1300 888 529.

Legal Aid New South Wales

Legal Aid will provide legal advice to anyone in most areas of law. You should contact your nearest Legal Aid office and make an appointment to see a lawyer or, if you are not sure which is your nearest Legal Aid office, call LawAccess NSW to find out. You should be aware that advice is usually limited to about 20 minutes.

You must complete an Application for Legal Aid form see www.legalaid.nsw.gov.au if you want Legal Aid to represent you in your legal matter or to pay for your own solicitor to represent you.

To decide whether or not it can act for you, Legal Aid will look at whether your case falls within the guidelines for the type of matter it can act in, your financial position, the prospects of success in your case, how much money you might win if you are successful, whether your case will assist others in the community and whether you have any special disadvantage that might make it harder for you to represent yourself (including a physical disability).

Often Legal Aid will require you to pay a contribution towards your legal costs. This will depend on your financial situation, whether or not you get compensation and the area of law.

Community Legal Centres

Most community legal centres can provide free legal advice. Occasionally they may also be able to represent you. However they have limited resources and can only act in a limited number of matters. A community legal centre may also give you referrals to other organisations. You can call LawAccess NSW to find the centre closest to you.

Law Society Community Referral Service Pro Bono Scheme

The Law Society’s Community Referral Service Pro Bono Scheme coordinates referrals of clients to law firms willing to provide legal assistance without charge or for a reduced fee. The scheme has a criterion by which it determines the matters it refers to law firms. In order to qualify:

  • you must have been refused legal aid for the relevant proceedings;
  • a means and merit test will be applied; and
  • the matter must fall within the Law Society Scheme’s guidelines.

You can contact the Law Society Pro Bono Scheme on 02 9926 0364 or email probonoscheme@lawsocnsw.asn.au.

Private Law Firm Pro Bono Schemes

Some law firms have pro bono schemes and may be able to act for you without charge. Some large law firms which have pro bono schemes include Allens Arthur Robinson, Blake Dawson Waldron, Clayton Utz, DLA Phillips Fox, Freehills, Gilbert + Tobin, and Mallesons Stephen Jaques.

Usually the firms can only assist you if you have been refused Legal Aid and cannot get assistance through a community legal centre.

Different law firms have different criteria by which they assess whether they will take on a pro bono client. A law firm will not be able to take your matter on if it has a conflict of interest or if your case is in an area outside their expertise.

The best way to be referred to a law firm pro bono scheme is through Legal Aid, a community legal centre, or the Law Society Pro Bono Scheme.

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