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What we do
Lawyers at court
We have lawyers on ‘duty’ at many courts and tribunals across Victoria. These ‘duty lawyers’ help people who have a court hearing on the day, but do not have their own lawyer. Duty lawyers help many people each day, so they may only be able to give you quick help for some matters.
Duty lawyers are lawyers who work for Victoria Legal Aid (VLA) or are private lawyers who are paid by VLA to help you.
Contact the VLA Legal Information Service to find out if we can help you with your legal problem.
Frequently asked questions
Can a duty lawyer help me?
Do I have to pay?
What can a duty lawyer do?
Where does VLA have duty lawyers?
Do I have to book to see a duty lawyer?
Can I get an interpreter or other communication assistance?
How should I prepare for court?
What if I need more help?
Can a duty lawyer help me?
Duty lawyers only help people who have a court or tribunal hearing on the day, who have not had the chance to see a lawyer beforehand. If possible, it is best to get legal advice before you go to court (see Legal advice).
Many people want to see the duty lawyer, so the duty lawyer may not be able to help everyone. We give priority to:
- serious cases, including people in custody or people at risk of going in to custody
- matters involving children
- people who cannot afford legal help
- people who could not get legal advice before the hearing date
Do I have to pay?
No. Seeing a duty lawyer is free.
What can a duty lawyer do?
A duty lawyer may be able to:
- give you advice about your matter
- explain what might happen at your hearing
- help you to get an adjournment (to put off your hearing to a later date, so you have time to get legal advice)
- talk to the court/tribunal or other parties on your behalf
- speak for you in court to help you to get bail for criminal matters
- speak for you in court if you intend to plead guilty for criminal matters.
Duty lawyers cannot ‘run your case’ for you. For example, they cannot represent you in court if you intend to plead ‘not guilty’ in a criminal matter. If you need help with your matter get legal advice before your hearing date (see Legal advice).
Where does VLA have duty lawyers?
We have duty lawyers at many courts and tribunals across Victoria.
Where we can help you
| Court, tribunal or board | Type of legal matters |
|---|---|
| Magistrates’ Court |
|
| Children’s Court |
|
| Family Court |
|
| Federal Magistrates Court |
|
| Victorian Civil and Administrative Tribunal |
|
| Administrative Appeals Tribunal |
|
| Mental Health Review Board (e.g. in-patient units where these hearings are held) |
|
The duty lawyer service is not available at all locations or every day. To find out about where our duty lawyer services are contact the VLA Legal Information Service.
Do I have to book to see a duty lawyer?
No, you cannot book to see a duty lawyer. To see the duty lawyer it is best to turn up at the court or tribunal at 9.00 am - 9.15 am and ask court staff to tell you where the duty lawyer is. The duty lawyer has many people to see so you may have to wait.
If your matter is to start in court before you have spoken to the duty lawyer, ask the magistrate, judge or tribunal member if they can move your matter to a later time, so that you can get advice from the duty lawyer.
Can I get an interpreter or other communication assistance?
Yes. Legal words are sometimes hard to understand. If English is not your first language, you may want to have an interpreter to help you at court. Auslan interpreters are also available. In many cases the court pays for the interpreter. Let us know if you need an interpreter before the day of your hearing and we will help to arrange this.
How should I prepare for court?
Before coming to court you should:
- collect and bring the paperwork you have about your matter (e.g. charge and summons, police brief, previous court orders, letters or fines, character references etc.)
- turn up to the court/tribunal an hour before your hearing - you may need to wait a bit to see the duty lawyer
- make sure you have the whole day free - even if your matter is listed at 10.00 am you may have to wait a few hours before the court hears your matter
- let the court know if you need an interpreter or other assistance
- bring a friend or family member for support if you want to.
What if I need more help?
The duty lawyer can only give you limited help on the day. If your matter is more complicated, the duty lawyer may be able to help you get an adjournment (put off your hearing to a later date) so that you have a chance to get legal advice (see Legal advice).
If you need more legal help, you may be able to apply for a grant of legal assistance for a lawyer to run your case (see Funding cases). The duty lawyer may talk to you about this. We may also be able to refer you to other services for help.