BarTalk August 2003
Volume 15, Number 4

by Mark Benton

The Legal Services Society (LSS), in collaboration with the private bar and other service providers, has launched several innovative pilot projects to help low-income family clients who no longer qualify for legal aid representation under the society’s coverage guidelines. The projects range from providing family duty counsel in courts across the province to brief legal services through an enhanced Law Line.

In Fall 2002 and Spring 2003, LSS established family duty counsel (FDC) pilot projects in 11 communities across B.C. On family list days, duty counsel are available to provide advice and speak on unrepresented clients’ behalf in court on simple matters. Priority is given to people who have matters in court that day.

Two of the pilots – in Surrey and Vancouver – provide expanded services, with duty counsel available on every court day. Expanded services include helping clients prepare documents such as financial statements, consent orders, or family agreements that can be filed in family court. The Vancouver project operates in collaboration with the family justice counsellors (FJCs) housed at the court.

Other FDC projects were launched between February and April on Vancouver Island (Colwood, Nanaimo, and Victoria), in northern B.C. (Prince George, Prince Rupert, Smithers, and Terrace), and in the interior (Kamloops and Kelowna). Initial feedback indicates these pilots are extremely valuable to clients as well as to the justice system.

By September 2003, LSS hopes to implement FDC projects in communities where there is an LSS local agent. Once those are in place, the society will look at adding FDCs in other family court locations.

This year, LSS and the Ministry of Attorney General’s Family Justice Services Division began a family advice lawyer project to provide up to three hours of free legal advice to low income parents experiencing separation or divorce. The service began as part of the Vancouver FDC project in November 2002. By Spring 2003, it was available in Kamloops, Kelowna, Prince George, Surrey and Victoria. Qualifying clients may receive advice relating to custody, access, guardianship, and child support; property (limited); tentative settlement agreements; and court procedures. Legal advice is provided by LSS staff lawyers or private bar lawyers on the society’s family duty counsel pilot rosters. Clients are referred by FJCs and child support officers.

LSS is also funding the Law Centre in Victoria to provide low-income, unrepresented people with services ranging from introductory family law information sessions and assistance with preparing family court documents, to summary advice and limited representation (for those who cannot represent themselves due to poor health or limited education).

These projects will continue until March 31, 2004. Project evaluations will increase the society’s understanding of unrepresented litigants’ needs and determine to what extent LSS can meet those needs through services ranging from Web-based information to limited legal representation and advice.

Two other initiatives are in the works. An extended family services project will provide about 500 clients at greatest risk with up to 50 hours of legal time in addition to a standard emergency referral. A “Notice to Counsel” issued in July outlined the criteria for the program, which will be in place until March 2004. And a project intended to make mediation services available to LSS family clients is now in the planning stage.

As well, a pilot project to enhance Law Line services will include family law matters. From September 2003 until March 2004, this pilot will provide eligible low income people with brief legal services ranging from legal information and community referrals to legal advice, written opinions, and follow-up calls.

Mark Benton is the Executive Director of the Legal Services Society.

This article was published in the August 2003 issue of BarTalk and is subject to the copyright by the British Columbia Branch of the Canadian Bar Association, 2005, all rights reserved.