Pro Bono Reduced Fee Services
Pro Bono & Reduced Fee Services
O’Brien Criminal & Civil Solicitors are proud to offer reduced fee and pro bono services to select individuals and communities facing legal and financial challenges.
We believe that everyone deserves access to legal representation, especially when facing criminal charges. Unfortunately, that is not the case for everyone, and some do struggle to pay for legal representation. We try to help as many clients and organisations as possible.*
We have a long history of advocating for those in legal difficulties, regardless of their financial situation, and have successfully handled thousands of Legal Aid-funded cases.
*Note: Due to the significant demand for these services, we must limit the number of cases we can take on, ensuring that we can provide the highest standard of care and attention to each client.
What is Pro Bono Work?
Pro bono work refers to the provision of legal services by lawyers, law firms, or legal professionals at no cost or at a significantly reduced fee. It is for individuals, or organizations, that cannot afford to pay for legal representation. This work is typically done voluntarily and is aimed at ensuring access to justice for disadvantaged or marginalized individuals, as well as supporting non-profit organizations that serve the public interest. Pro bono services can cover a wide range of legal areas, including criminal law, civil disputes, family law, and human rights issues.
What is the Difference Between Pro Bono Work and Legal Aid?
While both pro bono work and legal aid aim to provide legal assistance to those who cannot afford it, there are key differences between the two.
Funding and Structure: Legal aid in Australia is government-funded and administered through Legal Aid Commissions in each state and territory. These commissions have specific criteria for eligibility, including income and asset tests, and the types of legal matters they will cover. Pro bono work, on the other hand, is provided voluntarily by private lawyers and law firms, often independent of government funding.
Eligibility: Legal aid is generally available to individuals who meet strict financial criteria and have cases that fall within certain legal areas, such as criminal, family, and some civil law matters. Pro bono work may be available to a broader range of individuals or organizations, including those who may not qualify for legal aid due to income thresholds but still cannot afford legal representation.
Who Qualifies for Pro Bono Work?
Eligibility for pro bono work in Australia is generally determined by the discretion of the individual lawyer or law firm providing the service. Factors that may influence eligibility include:
Financial Hardship: Individuals or organizations that cannot afford to pay for legal services but do not qualify for legal aid due to income levels or other factors may be considered for pro bono assistance.
Public Interest: Cases that have significant social, environmental, or community impact, or that advance human rights, may be prioritized for pro bono services.
Vulnerability or Disadvantage: People from marginalized or disadvantaged groups, including Aboriginal and Torres Strait Islander peoples, refugees, and those experiencing homelessness, are often considered eligible for pro bono assistance.
Legal Aid for those seeking justice
In November 2013, Legal Aid announced that it will not provide Legal Aid funding to people pleading not guilty to criminal offences in the Local Court if there is no real possibility of a jail sentence if the person is convicted. Nonetheless, this rule will apply even if a person would otherwise qualify for Legal Aid.
However, O’Brien Criminal and Civil Solicitors have always stood up for those in difficulty with the law, even if they cannot afford a lawyer. Consequently, we have done thousands of Legal Aid funded cases. To us, this rule is simply unjust.
As a result, we expanded our Pro Bono Scheme (free legal advice and representation) to allow legal representation in Local Court hearings for people who have been refused Legal Aid because of the implementation of this rule. There are conditions to accessing the Scheme and limits to the number of people we can represent under our Pro Bono Scheme.
Pro Bono Conditions
While we are committed to helping as many people as possible, there are certain conditions for accessing our Pro Bono Scheme. We are limited in the number of pro bono cases we can take on. However, we are dedicated to ensuring that those in need have a fair chance at justice.
Additional Support: Reduced Fee Services
If your case does not qualify for our Pro Bono Scheme, O’Brien Criminal and Civil Solicitors may still be able to assist you through our Reduced Fee Services. This service offers significant discounts on legal fees for those who do not meet the criteria for pro bono representation, but still require financial assistance to afford quality legal support.
Why pro bono work matters
Pro bono legal services are a cornerstone of our practice at O’Brien Criminal and Civil Solicitors. We believe in the principle that justice should be accessible to everyone, regardless of their financial situation. By expanding our pro bono services, we aim to bridge the gap created by changes in Legal Aid funding and ensure that more individuals receive the representation they deserve.
Our commitment to pro bono work is part of a broader effort within the legal community to provide access to justice for vulnerable and disadvantaged individuals. Pro bono legal work is essential in a legal system where access to justice is often limited by financial means. At O’Brien Criminal and Civil Solicitors, we are proud to contribute to this important mission.
Our recent pro bono work
O’Brien Criminal & Civil Solicitors provided pro bono legal representation to Aboriginal people in the Northern Territory by partnering with the North Australian Aboriginal Justice Agency (NAAJA) in Alice Springs.
Due to a severe shortage of criminal defence lawyers, particularly Aboriginal lawyers, in the region, many Aboriginal Australians are forced to appear in court without representation. This issue is exacerbated by the high levels of social problems in Alice Springs, leading to a significant number of arrests.
The firm’s senior lawyers, Peter O’Brien and Stewart O’Connell, both have extensive experience working with Aboriginal communities in the Northern Territory and have previously collaborated with NAAJA. The pro bono initiative aimed to address the urgent need for legal representation, particularly in cases of unlawful arrest, unfair detainment, and criminal charges.
The initiative not only helped the local Aboriginal population, but also provided valuable experience for younger lawyers at O’Brien Criminal & Civil Solicitors. The firm emphasizes the importance of legal representation for achieving fair outcomes in court, highlighting that those without proper legal support are at a significant disadvantage. This effort underscores the broader need for accessible legal services for all Australians, ensuring that everyone can navigate the legal system effectively.
Read more about our pro bono legal work in Alice Springs.
Contact Us for Assistance
If you have been denied Legal Aid representation because you are pleading not guilty in the Local Court, or if you believe you may be eligible for our Pro Bono or Reduced Fee Services, please contact O’Brien Criminal and Civil Solicitors. Our experienced team is here to help you navigate your legal challenges with the support you need.
By expanding our pro bono legal services, O’Brien Criminal and Civil Solicitors reaffirms our dedication to standing up for those in difficulty with the law. We ensure that everyone has access to fair representation, regardless of their financial situation.
To find out more about our Pro Bono or Pro Bono Reduced Fee Services contact O’Brien Criminal and Civil Solicitors.
Call: (02) 9261 4281 / 24 hour Text: 0421 373 961 / or Email: .
