Prohibition on accepting fees from legally aided clients

Are you a s29A Panel Practitioner or on our Preferred Barrister List?

Members of our s29A Practitioner Panels and our Preferred Barrister List are reminded that the Legal Aid Act 1978 contains prohibitions on practitioners accepting fees for representing a legally assisted person, other than those fees approved under a grant of assistance.

S29A Panel Practitioners

The Act also imposes obligations on practitioners to report a change in a client’s eligibility for assistance e.g. a change in financial circumstances.

In addition, Practice Standard 3.2(h) requires practitioners to advise us of any change in a client's capacity to pay privately for legal services, including circumstances where the client wishes to abandon the grant of aid. Please note a breach of the Act or practice standard may result in removal from the panels, revocation of certifier status, prosecution under the Act or referral to the Legal Services Board and Commissioner for investigation.

To ensure compliance with the Act and the Practice Standards, practitioners should advise us as a matter of urgency if they become aware of information that may indicate a change in a legally assisted person’s capacity to pay privately. Relevant circumstances include, but are not limited to, situations where:

• the legal practitioner becomes aware that a legally assisted client experiences a change in their financial situation
• a legally assisted client proposes to abandon the grant of assistance and commence a private fee paying arrangement
• a legally assisted person offers or arranges to pay privately for a report or other service not approved under the relevant grant of assistance.

Preferred Barrister List members

We understand that members of counsel are engaged by instructing solicitors who are responsible for grants of assistance. However, where a fee arrangement alters during the course of the matter, counsel should enquire with the instructing solicitor as to the status of the grant of assistance or inform us of the change in a timely manner.

How to contact us to advise of change in circumstances

Panel practitioners – if your matter is listed for hearing within the next 30 days, please contact us at grants@vla.vic.gov.au immediately after submitting updated client information via ATLAS.

Counsel – contact us at grants@vla.vic.gov.au