LEGAL AID LANDSCAPE: WHAT CHANGES HAVE AFFECTED LEGAL SERVICE DELIVERY

Legal Broker- Past Historically Legal Aid Alberta has acted as a legal broker: connecting a qualified client with an available lawyer who provides full representation to the client. Client either qualified for full representation or client was sent away.

Legal Aid Review = Philosophy Change 2009 Legal Aid Review Why? –Increasingly complex environment –Legal issues interconnected with social problems –Clustering and triggering of legal issues –Increasing cost of litigation. Is the traditional way of service delivery; One Client- One Lawyer, the best way?

More than access to Court Not the primary mechanism for dispute resolution. Means to resolve disputes must be available in an individual’s daily activities, within their community and economic context. Access to Justice is every day justice. Access to Justice

Principles of new Service Delivery Responsive Flexible Services tailored to individual client’s needs Resolution driven Focused on good client outcomes Where possible, give clients more control over their legal matters and resolution.

Legal Service Centers 11 Centers located throughout Alberta Access in person or toll free number : Provides a continuum of services from legal information and referral to intake for legal representation. No financial qualification required for assessment

Eligibility No eligibility requirements for assessment, legal information, referral, Duty Counsel, Protection Order services, Youth Criminal Defence, Mental Health reviews, Brydges service. Stage 1 Eligibility: Legal information, referral, Legal Advice, Brief Services Stage II Eligibility: Legal Representation, Family Settlement Services, Expanded Duty Counsel

Eligibility STAGE 1 ELIGIBILITY \\ STAGE 2 ELIGIBILITY Family Size Max Net Income $1750$2165$3085$3340$3585$3835 Family Size Max Net Income $1348$1668$2374$2566$2759$2951

Legal Service Centers Expanded Duty Counsel –Staff Counsel –Less Serious Criminal Matters –Disclosure Review, Discussions with Crown, Entry of Guilty Plea, Sentencing –More Serious matters/ not guilty pleas referred to Representation Earlier resolution Client satisfaction High degree of cost effectiveness

SERVICE PLANS Example in materials Used to provide summary of facts, tasks to be done, referrals to other legal information or agencies. Clients are provided a copy and may bring it with them when contacting other agencies. Will assist other stakeholders in better understanding issues for which LAA is attempting to provide assistance. Living document in that it can be varied or added to as the matter proceeds.

FAMILY SETTLEMENT SERVICE Form of family mediation similar to Early Neutral Evaluation Facilitated by lawyers trained and experienced as mediators Agreement incorporated into Court Order to close the loop Targets non child welfare and matters without domestic violence Good success in resolving matters Reduces time, stress and conflict for family Allows clients to be better prepared to prevent or deal with legal issues on their own.

LIMITED SERVICES CERTIFICATES Limited Scope Certificates –Given to specially trained lawyers –May Include document review and preparation, settlement advocacy, hearing preparation, coaching, representation –Lawyer and client determine the extent of the retainer. Limited Hour Certificates –Lawyer provided specified number of hours for service –Focus on the critical issues in order to get them dealt with –Support client handling some aspects of matter –Useful in matters following mediation. Facilitated by lawyers trained and experienced as mediators

WETASKIWIN STAFF LAW OFFICE/ CALGARY CIVIL CLINIC Wetaskiwin: –Duty Counsel in Family and Child Welfare matters –Duty Counsel in Queen’s Bench Chambers to start December 1 –Staff Lawyer to provide Expanded Criminal Duty Counsel Service and Family Law Representational matters. Calgary Civil Clinic –Desirable location in community –Currently Non family Civil information and advice provided in Legal Service Center. –Provision of legal Information Sessions for community

COLLABORATION/ PARTNERSHIPS Between government, Justice stakeholders, funders, non profit legal service providers, social service agencies. Better understanding of each other’s programs Development of strong referral protocols Limited Scope Certificates

STORIES STORY 1. Since the remodeling of legal aid and the new service delivery I have at times disagreed (sometimes I still do) and have struggled with getting my own vision to line up with the organizational vision. I believe I got it, I get it and I am dealing with clients with a refreshed approach. It was different at first and I felt out of my element for awhile. Slowly, I gained my confidence and good things started happening. I researched agencies and I have a list of referrals for clients. Before long I had clients asking me for lists and plans. I now have seen results that convince me this is the right thing to do. I have clients coming back to me asking for more, telling me they lost their “list” and asking for it again and telling me of their successes. The feedback from clients has given me a real joy for my work and I would like to share it. STORY 2 This client is a first nations woman. I saw her in the remand centre and she was physically and emotionally a mess; the result of long term addiction and a “street life”. As our discussion progressed the client advised me that she had been slamming morphine on the street and using crack. She was working the street to support her habit. She told me she was just tired. I offered her some resources that could help her change her life. She was so excited, she said no one at legal aid has ever cared about me before. She gladly accepted a service plan that gave her resources to deal with getting off the street, getting medical and health care, getting HIV and Hep C testing, addictions counseling. She was so appreciative, she left telling me she would be back to see me clean and sober, living in a real home and with a real job.

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