Let me tell you a story… a true story.
There was a young man sitting in jail. As usual at this Corrections Facility he was locked up 22 out of 24 hours. He had been picked up 6 weeks earlier. A Legal Aid lawyer had been appointed and represented him at the first hearing the next day. The young man didn’t want to plead guilty as felt he wasn’t. The lawyer however entered a guilty plea against this young man’s wishes. The young man having had a police history in the past was then placed on remand until the next court date 6 weeks later.
The lawyer messaged the mother to say they were involved at the start, but then was difficult to contact. and never returned calls or texts requesting information on next hearing dates or what the plan was. Note permission had already been given by the young man for the lawyer to speak to their mother.
The lawyer first advised this young man would likely only be in for a month. The lawyer then changed their mind for some unknown reason and said he would be in for a likely minimum of 18 months. This was devastating as it didn’t appear the crime was deemed necessary of such harsh punishment, and the process leading to this didn’t seem right.
The young man couldn’t understand it but got no real answers from the lawyer. The mother also tried to get answers but if there was a reply back, it was very vague. She was unsettled but didn’t really know what to do. Maybe this was the law these days.
A case manager was appointed to the young man in prison just a week before his next hearing. On hearing the story the case manager decided to ask more questions at their end as something didn’t seem right. The case manager came back and told the young man get a new lawyer.
The young man rang his mother next time he was released from his cell. The information validated what the mother’s gut feeling was saying. She contacted a lawyer that she had been aware of was a good lawyer a few years ago at the other end of the country, and asked if they could advise the names of a good lawyer in the area the court hearing was going to be held. The lawyer recommended some names and the mother contacted one of them.
The lawyer listened carefully and asked questions about the past and what had happened now. The lawyer felt too something wasn’t right and agreed to take on the case. The mother was advised she could get another legal aid lawyer but that process would need agreement from the current Legal Aid lawyer and would likely take longer than the 5 days now remaining before the court case. It was decided to engage the lawyer and pay the lawyer instead. A reasonable rate was agreed to.
The lawyer maintained contact with the mother and advised what the plan was. The lawyer sought letters of support form the mother and family and friends. The lawyer also asked for emails that contained further information about what had happened at the time and the mothers engagement at this time.
The day of the hearing came and the lawyer stood up very confidently and said there had been a miscarriage of justice. the Judge agreed and the young man was released that day.
The difference a lawyer can make!
So how does one know if a lawyer is good or not? Some say no legal aid lawyers are good. It is not as simple as that. There are a lot of very good lawyers who believe in social justice and provide a portion of their services through legal aid to benefit those who do not have the funds to pay for a lawyer. There are some lawyers too who are unable to get more higher paid work because their level of representation is not great. Unfortunately it does seem there are more of these lawyers available on legal aid duty than the other types.
Signs of a good lawyer
Great communicators
Are they listening and asking questions about what you are saying? Do they reply back to questions or contact within a reasonable timeframe? Note good lawyers are often in court so cannot reply back immediately or even that day or the next if they have big trials on. A good lawyer will also keep you fully informed about all your options and a possible outcomes. They won’t just tell you one option.
Confident and Respected
Do they come across as confident when speaking with you and your person? Are they confident in the court room? Did it appear that the Judge and other lawyers respected them? Were they able to answer all the questions that were asked of them in a confident and appropriate manner?
Respectful and Professional
How did they talk to you and your person? Was it respectful? Does your person’s gut and yours tell you that you can trust them? Do they discuss all decisions that are important with you or your person and act only on what you or your person tell them to do? Do they file all their paperwork with the court on time or do you have to delay your court hearing to the court receives the paper work. Do they act above board and not engage in dubious behaviour.
Experience
Does the lawyer have experience in your person’s case? Are there any reviews about them on the internet? Do their names come up with any court cases and what were the outcome of these? Does what they are saying sound reasonable to you and someone else you might share this with?
If you have concerns, it might pay for you to find another lawyer. If the sentence is likely to be minimal, your person has the right to seek a new Legal Aid lawyer, however this process may take time. If approved by Legal Aid, your person will also still not be able to choose one themselves, but will need to take who is appointed to them i.e. the next lawyer available for Legal Aid duty. If your person wants to choose their own lawyer for a crime with the likelihood of a lighter sentence, then you and your person will need to pay for the lawyer yourself.
The only way your person can choose one yourself through Legal Aid is when they are up for a crime that is more serious with a sentence maximum penalty of over ten years.