
June 21, 2010
New LSS tariffs: what does it mean for clients? Recent welfare changes: Part 2 The future of legal aid What's new on Clicklaw Hot off the press from LSS << go to main page	Family law legal aid: LSS comments on Mapping the Gap This West Coast Legal Education and Action Fund (LEAF) report, published in May, is based on a 2009 survey of community groups. Unfortunately, it reflects misunderstandings about LSS services at the time of the survey, and does not mention service improvements since 2009. LSS management was not consulted about the survey or the report, and provides this clarification on current legal aid services for family law matters. Depending on the situation, legal aid services may include representation by a lawyer, brief legal advice and assistance, and/or legal information. Family law and representation by a lawyer Legal aid representation is available in a number of situations, including but not limited to domestic violence. In assessing the risk of domestic violence, legal aid intake workers are trained to consider verbal, emotional, and other abuse, in addition to the threat of physical violence. Representation is also available if there has been a repeated denial of access, a parent has threatened to remove a child permanently from the province, or if a parental kidnapping may have occurred. Legal aid representation is available in other situations (based on a merit test and depending on available funding and the client’s circumstances) including: to resolve serious legal issues in high conflict cases; to respond to litigation harassment; to help those clients who cannot represent themselves due to emotional abuse, psychological trauma, or mental illness; or to resolve a case when all other efforts have been exhausted and resolving the case will make a significant difference to the client or the client’s children. Note: The items above are not a complete list of all situations that may be covered. Clients who are refused a lawyer to represent them can come back at any time if their situation changes or they have further information to share. In December 2009, LSS was able to reinstate extended family services for clients whose cases were not resolved within the time available on the initial referral, and added hours to the Child, Family, and Community Service Act Tariff (for child protection/removal matters) to support mediation and to compensate lawyers for helping clients with legal problems related to child protection issues (housing, debt, income assistance, etc.) For current information about the circumstances in which LSS will provide a lawyer to represent a client in a family law case, see the Serious family problems page on the LSS website. Family duty counsel and advice services Family duty counsel is an important and well-used legal aid service. LSS provides family advice services in 48 communities, including rural communities like Kitimat and Creston, and is in the process of adding services in court locations where demand exceeds resources, as well as in a number of smaller and more remote communities. Last year, LSS family duty counsel and advice lawyers served 29,807 clients, providing legal advice, brief representation in court, and/or assistance with forms completion. For more information about these services, see the Legal advice page on the LSS website. Improved access to legal aid intake As of April 2010, there are over 50 locations in 33 communities where people can apply in person for legal aid services — including new locations in New Westminster and Langley. Intake is also available province-wide through the toll-free phone line. Wait times average less than 10 minutes and the processing of calls has been simplified, with clients having to listen to fewer and shorter messages before being put through to an intake worker. Public legal education and information and community engagement In 2009/2010, LSS organized 12 workshops across BC attended by 262 front-line workers who help clients with family problems, in locations from Bella Coola to Port Clements to Nelson to Fort St. John. LSS will continue this successful workshop series and explore other innovative ways to reach clients and the workers who support them. In the coming year, LSS will also improve access to legal education, information, and intake services by partnering with interested community agencies in remote, rural, and Aboriginal communities. And finally, LSS will continue to provide access to free legal information in print and on the Web.
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June 21, 2010

Family law legal aid: LSS comments on Mapping the Gap

This West Coast Legal Education and Action Fund (LEAF) report, published in May, is based on a 2009 survey of community groups. Unfortunately, it reflects misunderstandings about LSS services at the time of the survey, and does not mention service improvements since 2009. LSS management was not consulted about the survey or the report, and provides this clarification on current legal aid services for family law matters. Depending on the situation, legal aid services may include representation by a lawyer, brief legal advice and assistance, and/or legal information.

Family law and representation by a lawyer

Legal aid representation is available in a number of situations, including but not limited to domestic violence. In assessing the risk of domestic violence, legal aid intake workers are trained to consider verbal, emotional, and other abuse, in addition to the threat of physical violence. Representation is also available if there has been a repeated denial of access, a parent has threatened to remove a child permanently from the province, or if a parental kidnapping may have occurred.

Legal aid representation is available in other situations (based on a merit test and depending on available funding and the client’s circumstances) including:

to resolve serious legal issues in high conflict cases;
to respond to litigation harassment;
to help those clients who cannot represent themselves due to emotional abuse, psychological trauma, or mental illness; or
to resolve a case when all other efforts have been exhausted and resolving the case will make a significant difference to the client or the client’s children.

Note: The items above are not a complete list of all situations that may be covered.

Clients who are refused a lawyer to represent them can come back at any time if their situation changes or they have further information to share.

In December 2009, LSS was able to reinstate extended family services for clients whose cases were not resolved within the time available on the initial referral, and added hours to the Child, Family, and Community Service Act Tariff (for child protection/removal matters) to support mediation and to compensate lawyers for helping clients with legal problems related to child protection issues (housing, debt, income assistance, etc.)

For current information about the circumstances in which LSS will provide a lawyer to represent a client in a family law case, see the Serious family problems page on the LSS website.

Family duty counsel and advice services

Family duty counsel is an important and well-used legal aid service. LSS provides family advice services in 48 communities, including rural communities like Kitimat and Creston, and is in the process of adding services in court locations where demand exceeds resources, as well as in a number of smaller and more remote communities.

Last year, LSS family duty counsel and advice lawyers served 29,807 clients, providing legal advice, brief representation in court, and/or assistance with forms completion. For more information about these services, see the Legal advice page on the LSS website.

Improved access to legal aid intake

As of April 2010, there are over 50 locations in 33 communities where people can apply in person for legal aid services — including new locations in New Westminster and Langley. Intake is also available province-wide through the toll-free phone line. Wait times average less than 10 minutes and the processing of calls has been simplified, with clients having to listen to fewer and shorter messages before being put through to an intake worker.

Public legal education and information and community engagement

In 2009/2010, LSS organized 12 workshops across BC attended by 262 front-line workers who help clients with family problems, in locations from Bella Coola to Port Clements to Nelson to Fort St. John. LSS will continue this successful workshop series and explore other innovative ways to reach clients and the workers who support them.

In the coming year, LSS will also improve access to legal education, information, and intake services by partnering with interested community agencies in remote, rural, and Aboriginal communities. And finally, LSS will continue to provide access to free legal information in print and on the Web.

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