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Rule change allows government lawyers to resume pro bono work

The state government has scrapped a controversial rule that prevented Crown Solicitor and Director of Public Prosecution lawyers from undertaking voluntary work for people who cannot afford their own legal representation.

Dec 22, 2022, updated Dec 22, 2022
Photo: Tony Lewis/InDaily

Photo: Tony Lewis/InDaily

The change, to come into effect from next year, means lawyers working in the Crown Solicitor’s Office (CSO) and the Office of the Director of Public Prosecution (ODPP) will be able to resume voluntary work through independent not-for-profit legal service JusticeNet.

It follows discussions between the Crown Solicitor, JusticeNet and the Legal Practitioners Education and Admission Council (LPEAC) to amend rule changes implemented in July last year, which inadvertently banned government lawyers from undertaking pro bono work.

Attorney-General Kyam Maher said prior to last year’s changes, government lawyers had since 2012 performed pro bono legal work in fields such as migration law for people referred by JusticeNet.

“This has been an important effort above and beyond the important day to day work undertaken through both the CSO and the ODPP,” he said.

“I made this a priority for my department and under the changes that have now been made, lawyers from the CSO and ODPP can again make (a) significant contribution to those who cannot afford their own legal representation.

“I’m pleased (the) Legal Practitioners Education and Admission Council has agreed to this rule change to allow this important work to resume without compromising the rigorous standards set by the Council for the legal profession.”

JusticeNet helps South Australians who cannot afford legal assistance and are unable to be represented by any other community legal service.

It focusses on civil matters, helping people experiencing financial hardship, homelessness and migration barriers.

JusticeNet SA CEO and principal solicitor Rebecca Ross said government lawyers made a “considerable contribution” to pro bono work in South Australia.

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“Pro bono work in its very essence is for the public good,” she said.

“It is not only a vital part of the justice system, but a crucial part of a lawyer’s reason for being.

“More lawyers having the opportunity to contribute to this meaningful work is of benefit to everyone.

“It has been excellent to see the collective efforts of the profession, government and regulatory bodies in ensuring these amendments are made.”

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