Law briefs

For people experiencing homelessness, the court process can be daunting and complex, and the outcomes of the process can be unfair and unjust

MORE LEGAL SUPPORT FOR THE HOMELESS

The Public Interest Law Clearing House (PILCH) Homeless Persons’ Legal Clinic has launched an initiative to assist homeless court users. The Homeless Persons’ Liaison Project aims to provide people experiencing or at risk of homelessness with greater support when engaging with the Magistrates’ Court through access to legal assistance.

The clinic’s manager and principal lawyer, James Farrell, insists homeless people are disproportionately represented in the criminal justice system and the rate of recidivism among homeless offenders can be high.

“Problems associated with homelessness can be further entrenched by the criminal justice system, rather than being effectively dealt with in a holistic way,” he says. “For people experiencing homelessness, the court process can be daunting and complex, and the outcomes of the process can be unfair and unjust.”

He welcomes recent programs that provide additional support to homeless court users, including Neighbourhood Justice Centres, specialist court lists and the Court Integrated Services Program.

CLIENTS DECIDE HOW MUCH TO PAY

Sydney commercial law firm Turtons has fuelled the debate on alternative billing structures by adopting a model that enables clients to nominate legal costs incurred. The client determines the price based on the quality of the service offering after work has been completed.

Turtons principal Greg Henry says the focus needs to be directed to value of work, rather than legal fees.

The firm doesn’t offer the model for litigation matters. “We issue invoices like other firms,” he says. “The only difference is that our invoices are fully adjustable, except for out-of-
pocket expenses.

He says the “current fascination” with alternative fee arrangements is misdirected for law firms that are able to offer client value. “Clients aren’t going to be too fussed about whether you’re charging a fixed fee or using a time-costed model or doing something else,” he says. “They will focus on the value you are delivering and the amount they’re paying for it, and they’re not going to be interested in the mechanics of how you calculate your fee.”

Judith Tydd

BRW

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