Law for all

Caryl O'Connor at a Dunedin Community Law Centre open day. Photo by Peter McIntosh.
Caryl O'Connor at a Dunedin Community Law Centre open day. Photo by Peter McIntosh.
You've been dismissed from your job, fobbed off by your landlord or pestered by mail-order companies. Where do you go? For many people, it's the Dunedin Community Law Centre. Kim Dungey looks at the award-winning service that helps 8000 people a year.

Whether it's taking on a government department or seeing off an international publisher, the Dunedin Community Law Centre has spent nearly 30 years standing up for the little guy.

Housed in a bland brick building opposite Dunedin's Golden Centre car park, the law centre bears little resemblance to the glass high-rises often associated with legal firms.

Inside, there are no leather couches, coffee machines or glossy magazines - just floral settees, a water dispenser and a range of pamphlets on subjects such as bankruptcy and school suspensions.

The staff wear suits only if they are going to a formal hearing and clients are not asked to pay, though donations are always welcome.

Co-ordinator Caryl O'Connor says the centre tries to minimise the barriers to people seeking information about legal situations they find themselves in.

"Some in the community are not going to go to a lawyer's office because they are intimidated by the formality, the language, the suits, the flash furniture and the cost," she says.

Others are put off by the way the legal aid system works - help with legal costs is available in civil and criminal cases to those who cannot afford a lawyer but clients are often asked to pay it back.

The most recent nationwide survey on access to legal services found that of an estimated 780,000 New Zealanders with serious legal problems, 30% could be considered to have their legal needs unmet.

The 2006 study by the Legal Services Agency showed the perceived cost of lawyers' fees prevented more than a quarter of people with problems from approaching a lawyer.

This figure represented about 8% of all people over 15 (or an estimated 240,000 New Zealanders).

Within Dunedin, a higher percentage of people seeking help used private lawyers (34% compared to 22% nationally) and there was greater awareness of a community law centre.

As well as helping those who might otherwise not have access to legal services, the centre provides practical experience for law students who staff the rosters and never know what will come through the door.

Former co-ordinator Dr Peter Walker recalls answering the phone one morning and being asked to explain the process of applying for legal aid.

"Do you get it for murder?," the female caller asked.

"My son's just been arrested for murder."About 20% of the centre's work is in the criminal jurisdiction, much of it involving alcohol-related offending such as disorderly behaviour or resisting arrest.

It also deals with tenancy, consumer, employment and family law, encompassing everything from complaints about faulty goods and people being dismissed from their jobs to custody cases, wills and separations.

Representatives appear in the district court, at mediation hearings run by the Employment Relations Service, and at board of trustee meetings.

They help voluntary organisations form trusts and talk to a range of community groups, giving people the information they need to avoid becoming embroiled in disputes.

They also visit the Otago Corrections Facility to talk to inmates about imprisonment-related issues such as getting possessions out of their flats or getting copies of criminal records.

Dr Walker, now a senior lecturer in the University of Otago's department of social work and community development, says many people approaching traditional law firms worry that they will not understand what lawyers are telling them.

He says the centre helps "demystify" the law by providing people with information in plain English about their rights and responsibilities.

They then feel they have more control over their situation rather than being completely reliant on others.

John Farrow, who, in 1992 became the centre's first court worker, adds it has always been focused on cultural diversity and welcomed minority groups.

Issues come and go but a common one is poverty. In Dr Walker's time, it was the fallout from benefit cuts in the 1991 Budget.

The centre ran Christmas credit campaigns, warning people not to get into trouble with overspending and occasionally feeling like "the Grinch who stole Christmas".

Today, many inquiries relate to credit contracts, getting behind in payments and filing for bankruptcy.

Ms O'Connor has also seen more of what she calls "sexually transmitted debt" - when someone persuades a family member to enter into a finance agreement on their behalf or go guarantor, only to fall out with the relative and default on payments.

"This year, we've seen a massive increase in debt-related problems coming to the fore," she says, adding she has heard of interest rates of 150% for default on a payment.

There are always more inquiries about debt after Christmas, she says.

The credit crunch may also affect the centre itself, with the Law Society indicating funding could be cut by as much as 30% next year.

"The last thing we want to do is cut back on our services. We operate a pretty lean machine anyway, given we try to cover the Otago region... "Many Otago people hear about the centre through word of mouth, while others are referred by government departments and voluntary organisations.

"We also have a sign on the pavement during our advice clinics and sometimes people just walk in off the street," Ms O'Connor says.

"I like that availability . . . particularly because people faced with difficult situations can procrastinate.

"That scenario, where problems can escalate, is brought home to law students during training.

"Learning happens at the centre for students on a number of levels," Ms O'Connor says.

"There's the practical application of law but also just the observations about people's lives that they may not ever have come across before and that can be quite an eye-opener for them."

A written handout given to students describes a day in the life of a fictional character named Sue, who runs into another car while on her way to a job interview.

She is told the job pays only $6.30 an hour and has her car towed from a private park, forcing her to pay $150 to get it back and leaving her with no money for food for the week.

When she collects her mail, Sue finds a letter from a store saying she is two months behind with the payments on the bunk beds she bought for her children.

The notice says she has 10 days to get up to date or the bunks will be repossessed. She sees no way of finding $180 in 10 days, and wonders where the kids will sleep.

The next letter she opens is from Winz. Someone has told the department she is living in a "marriage-type relationship" with her boyfriend and Winz wants to discuss her domestic purposes benefit with her.

Finally, her eldest son arrives home from school and says he has been suspended for three days for allegedly smoking marijuana.

Dr Walker says law students, unlike the centre's clients, often come from privileged backgrounds and are amazed to see how problems can mount up.

However, those same students often have a genuine desire to help, having not yet been "caught up" in the ethos of charging for services and meeting salary costs.

The volunteers - recruited from third-, fourth- and fifth-year students each February are supervised by volunteer lawyers who provide expertise and oversight. Many of those lawyers began on the roster as students.

"For some, we are the way they give to a community they wouldn't otherwise provide for out of their private practice," Ms O'Connor says.

John Farrow, now a partner in Webb Farry Barristers and Solicitors, says his work at the centre was good grounding for "dealing with clients and getting out there and practising law".

Mr Farrow recalls one case the centre took to the ACC appeal authority.

The client had been represented by other lawyers who had given him little chance of success but with the centre on board, he gained a settlement of more than $10,000.

Ms O'Connor says people tend not to think about the law unless it is "poking them in the eye".

"But we live in a legal framework and it [affects us] every day. Every time we buy something, cross the road, get a new car."

In recent times, the centre has noticed a change in the attitude of clients, she adds.

"Whereas before, people were a little more accepting of their circumstances, now they'll rattle the cage as loudly as they can. I think it's because life has got tougher and they are having to fight harder to get the things they need."

At a glance
The Dunedin Community Law Centre won two awards for community service in law at the recent New Zealand Law Awards. It was named best community law centre and beat 14 other law centres and law firms to also be named the overall winner.

•Law students, supported by the Law Society and the faculty of law at Otago University, opened the centre in July 1980.

•The Dunedin centre was the second in New Zealand. The first was in Grey Lynn, Auckland. There are now 27 around the country.

•Funding comes from the Law Society Special Fund. The centre costs about $300,000 a year to run.

•Seven paid staff are employed but most of the work is done by volunteers. These include 120 law students and 80 qualified lawyers working on rosters.

•The centre has contact with 8000 clients a year. This can be anything from a quick telephone call to representing a client in some forum.

•Day and evening advice sessions are held at the centre in Dunedin seven times a week. Monthly clinics are held in the Dunedin suburbs of Brockville, South Dunedin and Mosgiel, as well as Alexandra, Cromwell, Queenstown, Wanaka, Milton, Balclutha and Oamaru. Rural people can call 0800 169-333 for legal advice.

•The centre operates a "graduated service", under which no-one is turned away from the initial session but some are later referred to lawyers in private practice. Those who qualify for legal aid are referred to lawyers who do that work.

•Hourly rates for lawyers in private practice vary widely, depending on experience and the area of law in which they work. However, new lawyers generally charge about $70 an hour, while, at the other end of the scale, barristers charge about $300 an hour.

 

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