Australia's National
Prison Newspaper

Australia's National
Prison Newspaper

ISSUE NO. 4

October 2024

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Letters

The Challenges Accessing Legal Representation

By

Les

Les writes from Hopkins Correctional Centre.

Tingey Injury Law Firm

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Congratulations on your new magazine. I have the second edition, and reading through it I discovered what I had not seen. That was the lack of information supplied by Legal Aid for those with very little money who need legal assistance.

After the criminal process, the next hurdle is getting representation for issues while in prison, such as defending against continuing legal claims. For example, I was trying to defend a compensation claim that meant I may lose my house.

In cases like this, lawyers are not interested. Especially as I am in prison.

Legal Aid wasn't at all interested in defending me, even though they have a covenant on my property. When appearing in court (self-represented), a judge stated they'd try to apply to the Law Institute for a pro-bono barrister to represent me. But no one from the Law Institute was interested.

After writing to, and trying to get phone numbers of, solicitors, when contacting them most of them would say “you’ve already been convicted and sentenced” or “we don’t practice in that area of law”. However, next time you go to court self-represented, you’re virtually told you haven’t tried to get representation. It causes a lot of delays.

Some solicitors and judges seem to think that you can just get a phone book, or computer, look up a phone number and ring it, without having to apply to the jail phone system to get that name and number listed. The jail phone system will not list 1300 or 1800 phone numbers.

I was once happily retired, with a house, a car, and money to pay my bills. Now I have no home, all my household furnishings, clothing, everything… gone.

If I come out of here alive, I will leave here with just the clothes I wear (which probably won't fit anyway).

I am just hoping that Legal Aid solicitors, barristers etc. have at least got the thought that people who know nothing about the law, especially in their older years, with next to nothing financially, can have legal proceedings explained to them, so they have some chance in a court of law, defending themselves.

I hope you can make something of this letter, then maybe someone has a chance to defend themselves in the future.

Yours in anticipation,

Les

Congratulations on your new magazine. I have the second edition, and reading through it I discovered what I had not seen. That was the lack of information supplied by Legal Aid for those with very little money who need legal assistance.

After the criminal process, the next hurdle is getting representation for issues while in prison, such as defending against continuing legal claims. For example, I was trying to defend a compensation claim that meant I may lose my house.

In cases like this, lawyers are not interested. Especially as I am in prison.

Legal Aid wasn't at all interested in defending me, even though they have a covenant on my property. When appearing in court (self-represented), a judge stated they'd try to apply to the Law Institute for a pro-bono barrister to represent me. But no one from the Law Institute was interested.

After writing to, and trying to get phone numbers of, solicitors, when contacting them most of them would say “you’ve already been convicted and sentenced” or “we don’t practice in that area of law”. However, next time you go to court self-represented, you’re virtually told you haven’t tried to get representation. It causes a lot of delays.

Some solicitors and judges seem to think that you can just get a phone book, or computer, look up a phone number and ring it, without having to apply to the jail phone system to get that name and number listed. The jail phone system will not list 1300 or 1800 phone numbers.

I was once happily retired, with a house, a car, and money to pay my bills. Now I have no home, all my household furnishings, clothing, everything… gone.

If I come out of here alive, I will leave here with just the clothes I wear (which probably won't fit anyway).

I am just hoping that Legal Aid solicitors, barristers etc. have at least got the thought that people who know nothing about the law, especially in their older years, with next to nothing financially, can have legal proceedings explained to them, so they have some chance in a court of law, defending themselves.

I hope you can make something of this letter, then maybe someone has a chance to defend themselves in the future.

Yours in anticipation,

Les

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