Pro Bono Legal Assistance Application Form
Am I eligible for legal assistance?
JusticeNet will try and find a pro bono lawyer for applicants who meet the following criteria:
- you are unable to afford essential legal services without undue hardship; and
- you are an individual or a not-for-profit organisation whose purpose(s) is primarily charitable; and
- you have a problem requiring a legal remedy for which:
o there are reasonable prospects of a successful outcome; and
o you would suffer significant injustice if not legally represented; or
o your matter concerns an issue of public interest; and - you are unable to obtain the requisite services from an alternative legal services provider, particularly the Legal Services Commission, a community legal centre or the Litigation Assistance Fund / Disbursements Only Fund; and
- the matter is of such a nature that you could not reasonably be expected to self-represent; and
- JusticeNet considers in all the circumstances that the matter would be an appropriate use of available pro bono legal resources.
JusticeNet, in its absolute discretion, may also provide assistance in exceptional circumstances to applicants who do not meet the above criteria.
What happens when I apply?
JusticeNet will acknowledge receipt of your application and assess your matter against our eligibility criteria (above).
- If eligible, we will endeavour to refer your matter to a lawyer for pro bono assistance, and notify you in writing of the outcome.
- If unsuccessful, or if we are unable to refer your matter, we will notify you and suggest other services which may be able to assist you.
- If you disagree with our decision, or wish to make a complaint about our service, we ask you to contact us in writing.
- After your file is closed it will be held for 7 years after which time it will be destroyed.
Do any fees apply?
The assessment of your application by JusticeNet is free. If successful, JusticeNet will refer your matter to a lawyer on a pro bono basis, that is, you will not be required to pay any fees for legal services provided.
In some cases your lawyer may reserve the right to charge you fees in certain circumstances. This can only occur by agreement between you and your lawyer. The agreement should be in writing and signed by both you and the lawyer.
The most common types of fee agreements are:
- no fee, regardless of the outcome of the case;
- reduced fee basis; or
- conditional basis, where you pay the lawyer an
agreed fee if you are successful and the other party is
ordered by a court or tribunal to pay legal costs.
Usually you are responsible for any out-of-pocket expenses (disbursements) that arise during your matter. These expenses include filing fees for documents, court or tribunal daily sitting fees, interpreters’ fees, experts’ fees, cost of transcripts and travel expenses.
If your matter is in a Court or Tribunal and you lose your case, the Court or Tribunal may order that you pay the other party’s legal costs. These costs are your responsibility and are not covered by JusticeNet or your lawyer.
What sort of legal assistance is provided?
The legal assistance arranged by JusticeNet ranges from providing advice to representation in court. In some cases, the assistance JusticeNet is able to arrange may be limited in scope from the assistance requested in your application.
How long does a referral take?
Generally it will take at least two weeks for us to refer matters for pro bono legal assistance. It may take longer if we need to ask you for further information in order to complete the assessment of your application.
If you have informed us in your application of a court date or other important deadline that is less than two weeks from the date we received your application, we will endeavour to contact you before that date to discuss your options.
However, JusticeNet does not take responsibility for time constraints, deadlines or limitation dates.
Do JusticeNet staff provide legal advice?
No. JusticeNet itself does not provide legal advice or perform any type of legal work on your behalf. JusticeNet’s staff do not act as your lawyer.
Do I have a right to obtain assistance?
JusticeNet provides pro bono assistance on a discretionary basis and there is no automatic right to assistance. Although we would like to assist every eligible applicant we are not in a position to do so as the demand for pro bono legal assistance far exceeds its availability.
Is my application confidential?
All information provided by you to JusticeNet will be kept confidential, subject to such disclosure as may be necessary for the purposes of assessing and referring your matter to a lawyer.
JusticeNet SA may be asked by other parties with an interest in your matter to make a referral. JusticeNet SA has put in place procedures to protect client confidentiality and to prevent any conflict of interest by ensuring that materials provided by different parties to the same issue or dispute are considered by different assessors and are stored separately, so that there is no possibility of any intermingling of information.