November 7, Legal Aid Past –Present-Future

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. 2

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? 3

Access to Justice 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. 4

Principles of New Service Delivery Model 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. 5

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 6

SERVICE PLANS 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. 7

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 8

Financial Eligibility STAGE 1 ELIGIBILITY 9 Family Size Max Net Income $1750$2165$3085$3340$3585$3835 STAGE 2 ELIGIBILITY Family Size Max Net Income $1348$1668$2374$2566$2759$2951

Alternate Resolution Services 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 (about 30% of Files) Results Earlier resolution Client satisfaction- High degree of cost effectiveness 10

Family Early Resolution Services Child Protection Early Resolution –Lawyers & social workers –Resolution early in process –Good efficiencies & client satisfactions Family Settlement Services –Lawyer/Mediators –Reduces time, stress & conflict –Successful in 80% of accepted referrals –Allows clients to be better prepared to prevent or deal with future issues on their own. 11

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 12

Calgary Genesis Clinic Located in high needs/low income area of Calgary. Collaboration of Legal Aid Alberta, Calgary Legal Guidance and Pro Bono Law Alberta. Combines resources of service agencies located at Genesis Center with resources of legal community. Provide services on broad range of civil law issues in a consultative way. Created a common assessment tool 13

Simplified Processes Roster of approximately 900 lawyers E-Bill Automated appointing system Articling students can receive certificates 14

Legal Aid Revenue Sources – 2012/13 Province of Alberta$65.8M * ALF $ 5.5M Recoveries from Clients $ 4.5M Interest & Other.5M Total Revenue$76.3M * includes one time grant of $7M 15

Service Provided – 2012/13 Certificates (limited scope and full representation)30,700 Criminal Resolution Unit 3,200 Family Settlement Services 600 Advice and Brief Services 12,800 Information, resources and referrals 50,500 Duty Counsel 129,800 Total 227,600 Total cost per assist $

IMAGINE A FUTURE FOR LEGAL AID OF ….. USE OF PARALEGALS OPERATING UNDER THE SUPERVISION OF A LAWYER EXTENSIVE BRIEF SERVICES INCREASED POINTS OF ENTRY TO THE SYSTEM- IN PERSON, TELEPHONE, INTERNET ON LINE RESOLUTON SERVICES SUCH AS DECISION TREES AUTOMATED DOCUMENT PRODUCTION BASED ON DECISION TREES AND REVIEWED BY LAWYER COMMON TRAINING AND ASSESSMENT PROCESS WITH SERVICE PROVIDER PARTNERS DEVELOPMENT OF OUTCOMES MEASURES INTEGRATED PROGRAMS WITH SERVICE PROVIDERS. - 17

Access to Justice Continuum Pro Bono, Government Service and Legal Aid are part of an access to justice continuum True access to justice will only be achievable by integrating and collaboration of these and legal aid services. 18