QSC 27: Access To Justice
Task 4, Activity 1
Access to justice questions
Question 1
Milu v Smith [2004] QSC 27 is authority for the proposition that a lawyer’s duty of care and duty to the court are in no way reduced by virtue of a lawyer acting pro bono.
In that case the way the lawyer conducted himself when representing next of kin at an inquest and in subsequent proceedings for judicial review resulted in orders being made against him.
a. Describe at least one of the shortcomings in the lawyer’s representation.
• He was clearly ‘young and inexperienced.’ it is arguable that the lawyer held the expectations that pro bono representatives’ duties to the client, of care, and to the court are weighted differently- ‘in a context in which it could be expected …show more content…
You have been practising for 4 months after completing your practical legal training at The College of Law. Your first degree at university was a Bachelor of Town Planning and your final year thesis was an analysis of local government response to the need for low income housing. You have worked as a volunteer at a Tenants Advice Bureau and feel very strongly that both state and local governments should be addressing the issue of low income housing in a more effective manner.
Your father, who is aware of your interest in low income housing, introduces you to a friend of his, 80 year old, Paul Steer. Paul has been the tenant of a terrace house near the centre of the city for 40 years. He has been paying minimal rent as, he believes, he is a protected tenant. Recently Paul’s terrace house and a number of adjoining houses have been sold and the new owner has commenced proceedings seeking possession. The new owner intends to redevelop and sell the terraces. Paul asks you to represent him and a number of neighbours at the court hearing for possession. You have not been involved in any court work whilst employed as you have specialised in tax planning for small business. Your employer has previously represented developers and feels your representation of tenants will harm the firm’s standing amongst its existing …show more content…
• If the client insists of pleading guilty, you must obtain written instructions that the client still wishes to please guilty. Alternatively, you may withdraw ‘and allow the accused to present his own plea.’
• This will ensure you as an officer of the court is protecting the administration of justice, and not ‘misleading the court.’
b. What questions would you need to ask to ascertain whether your client would be entitled to legal aid?
The following are examples of questions I would ask:
• What was the legal matter as not all legal matters are subject to legal aid (eg. Work injuries).
• What are the legal issues in the matter- the more complicated the matter is, the less likely the client will be entitled to legal aid. o Including the merits of the case
• The client’s ideal outcome of the matter – to determine the benefits of legal aid to the client and to the public.
• The client’s annual income/ financial situation o Including whether the client is or has been homeless; the client’s living
Access to justice questions
Question 1
Milu v Smith [2004] QSC 27 is authority for the proposition that a lawyer’s duty of care and duty to the court are in no way reduced by virtue of a lawyer acting pro bono.
In that case the way the lawyer conducted himself when representing next of kin at an inquest and in subsequent proceedings for judicial review resulted in orders being made against him.
a. Describe at least one of the shortcomings in the lawyer’s representation.
• He was clearly ‘young and inexperienced.’ it is arguable that the lawyer held the expectations that pro bono representatives’ duties to the client, of care, and to the court are weighted differently- ‘in a context in which it could be expected …show more content…
You have been practising for 4 months after completing your practical legal training at The College of Law. Your first degree at university was a Bachelor of Town Planning and your final year thesis was an analysis of local government response to the need for low income housing. You have worked as a volunteer at a Tenants Advice Bureau and feel very strongly that both state and local governments should be addressing the issue of low income housing in a more effective manner.
Your father, who is aware of your interest in low income housing, introduces you to a friend of his, 80 year old, Paul Steer. Paul has been the tenant of a terrace house near the centre of the city for 40 years. He has been paying minimal rent as, he believes, he is a protected tenant. Recently Paul’s terrace house and a number of adjoining houses have been sold and the new owner has commenced proceedings seeking possession. The new owner intends to redevelop and sell the terraces. Paul asks you to represent him and a number of neighbours at the court hearing for possession. You have not been involved in any court work whilst employed as you have specialised in tax planning for small business. Your employer has previously represented developers and feels your representation of tenants will harm the firm’s standing amongst its existing …show more content…
• If the client insists of pleading guilty, you must obtain written instructions that the client still wishes to please guilty. Alternatively, you may withdraw ‘and allow the accused to present his own plea.’
• This will ensure you as an officer of the court is protecting the administration of justice, and not ‘misleading the court.’
b. What questions would you need to ask to ascertain whether your client would be entitled to legal aid?
The following are examples of questions I would ask:
• What was the legal matter as not all legal matters are subject to legal aid (eg. Work injuries).
• What are the legal issues in the matter- the more complicated the matter is, the less likely the client will be entitled to legal aid. o Including the merits of the case
• The client’s ideal outcome of the matter – to determine the benefits of legal aid to the client and to the public.
• The client’s annual income/ financial situation o Including whether the client is or has been homeless; the client’s living