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Legal assistance & representation – frequently asked questions (SA)
If you need a lawyer to do work for you, such as representing you in court, you need to apply for 'a grant of legal assistance’. This means that the Legal Services Commission of South Australia (LSC) will pay one of its lawyers or a private lawyer to work on your case.
Will I get a grant of legal assistance?
How do I apply for a grant of legal assistance?
Do I have to pay for legal assistance?
How much legal assistance will I get?
What can I do if my application for legal assistance is not successful?
Can I represent myself at court?
When can I use the Family Law Duty Lawyer Service?
Will I get a grant of legal assistance?
Getting a grant of legal assistance depends on:
- your financial situation including your income and assets
- whether your matter comes under LSC’s ‘guidelines’
- whether your case has ‘merit’.
The guidelines state that only certain types of cases can get legal assistance. For example, you may get legal assistance for issues to do with where the children live or who they spend time with, but you will not usually get legal assistance for a property dispute unless there are special circumstances.
‘Merit’ means that what you are asking for is reasonable and that if you went to court you would be likely to win your case.
How do I apply for a grant of legal assistance?
You can get application forms and help completing the forms from any LSC office, your local community legal centre and many private lawyers. Lawyers are not allowed to charge you for filling out an application form.
If LSC offers you a grant of legal assistance, a letter will be sent to you outlining the conditions. You should read the letter carefully and contact LSC if you don’t understand it.
It can take up to 14 days to process an application but urgent matters can be dealt with more quickly.
Do I have to pay for legal assistance?
Legal assistance is not always free. You may be asked to pay some or all of your legal costs, either before legal assistance starts or at the end of your court case. The amount you may have to pay depends on your financial situation.
If you own real estate but have no cash, you may have to pay LSC when you sell your property or when your financial position changes, even if this is many years later.
How much legal assistance will I get?
There are limits (called ‘cost ceilings’ or ‘caps’) on the total amount of any one grant of assistance. In special circumstances more funding may be approved.
It is important that you understand this limit on funding when dealing with your lawyer. If you spend your entire grant of legal assistance early in the case, you may have to represent yourself later. You should use this money as carefully as possible, for instance by being prepared in your dealings with your lawyer.
What can I do if my application for legal assistance is not successful?
If you are not happy with LSC’s decision about your application for legal assistance, you can ask for the decision to be reconsidered. This request must be made within 14 days of the decision. LSC’s client relations co-ordinator can help you with this.
Can I represent myself at court?
If you are not eligible for legal assistance and you can’t afford to pay a private lawyer, you may need to consider representing yourself. If you are representing yourself it is important that you know something about the relevant law and court process.
Your case, or story, must be presented to the court in writing, using the correct forms and ‘affidavits’ (sworn written statements). These must be prepared properly, which requires some skill and knowledge.
The court cannot give you much help if you are representing yourself. You will need to know the information in documents submitted by the other side and how to argue against material you believe is wrong. You also need to know about the rules of evidence and how to question witnesses.
Related publications
Self-represented litigants’ kit
When can I use the Family Law Duty Lawyer Service?
The LSC operates a family law duty lawyer service at the family law courts.
The service may be able to help you with your matter if you have not seen a duty lawyer before and you are representing yourself in the family law courts. You can only get advice to do with the next court date.
The duty lawyer service operates Monday to Friday during business hours. You can contact a duty lawyer during business hours to get telephone advice or to make an appointment. Call 0434 079 387 or 0434 079 388.