Legal Services Agency assignments update
New Zealand Law Society Canterbury-Westland branch president Allister Davis has discussed pracitioner concerns about the lack of legal aid assignments with the Legal Services Agency in Wellington.
He reports that LSA has assured him that they are using the rotational assignment process for assignments.
“They are keeping a manual list of personal addresses where supplied for assignments to be sent - the reason for this is if they update their computer based systems with this data then it becomes visible to clients on the find a lawyer lists which would not be appropriate,” he says.
“They are not overriding the list of providers in the rotational tool.”
Allister reports that from his discussions, the reasons why providers may not be receiving assignments are:
- Unavailability, or availability as the case maybe, has not been updated with the LSA - if you have been on leave and have not provided a return date you will need to contact LSA and clarify.
- Advising staff you have suffered a total loss of office – apparently some of these messages were quite garbled and some lawyers have given the impression that they were not available until further notice. Where possible LSA have recontacted the lawyer to clarify the position but if you are uncertain contact the LSA on the local grants office number in the first instance.
- Some lawyers have received a higher number of assignments than others on the lists - for various reasons such as existing clients, urgent cases, etc providers may have more than the cluster average. Obviously rotational assignments will not occur until such time as the provider comes to the top of the list. This can take some time. No assignments since 22 February does not mean that you are missing from lists. However if you are unsure, please contact the local grants office number in the first instance.
- Lower assignment numbers given the emergency steps in place with the courts - there is reduced capacity for hearings, etc. This is going to take some time to resolve and the LSA will continue to work with me in conjunction with other stakeholders around this issue.
- Lesser applications for legal aid. This cannot be quantified but given the earthquake crime levels/applications for legal aid may have temporarily dropped.
- Provider’s expectations. LSA fully appreciates that for a number of providers the circumstances have caused work to "dry up" and they may be experiencing financial difficulties. The LSA is not in a position to assign matters until received and aid approved, nor can they forward pay providers for work yet to be completed.