Getting free legal help at court – duty lawyers

[On-screen text]

This video was made on the lands of the Wurundjeri people of the Kulin Nation. We acknowledge the Traditional Owners of this land and pay our respects to Elders past and present.

People with lived experience of family violence helped us make this video. We are grateful to those who shared their stories and everyone who contributed.

Getting free legal help at court – duty lawyers.

Narrator: In this video, we'll explain how you can meet with a lawyer at court, called a duty lawyer, to help you understand your legal options. This is a free legal service, so you won't have to pay.

[On-screen text: What is a duty lawyer?]

[Two duty lawyers are in an office at court. Both smile and look friendly.]

Narrator: Duty lawyers are available at many courts to help you if you don't have your own lawyer. They usually work for Victoria Legal Aid or a community legal centre, and are experienced in different areas of the law, like family violence or criminal law.

[We zoom in on a client’s calendar. ‘Hearing day’ is written on one of the dates.]

Narrator: Duty lawyers meet with you on the day of your hearing. They often can't give ongoing advice for your case. If you do need more help, they can connect you with other legal services and supports.

[Symbols and flags appear around the calendar representing some of the services duty lawyers can connect you with. The symbols represent disability, interpreters and Auslan. Aboriginal, Torres Strait Islander and Progressive Pride flags also appear.]

[On-screen text: How do I see a duty lawyer?]

[At court, four people sit in a waiting room, waiting to meet with a duty lawyer.]

Narrator: When you get to court, you can ask at the front counter if a duty lawyer is available.

[A woman is at home, talking to Legal Help on the phone.]

Narrator: Duty lawyers help lots of people, but unfortunately they can't help everyone. It's always best to try and get legal advice before going to court.

You can call Legal Help, Victoria Legal Aid’s free helpline, on 1300 792 387. Message us using Legal Help Chat or find a community legal centre near you, to get advice and learn more about how to prepare for court.

[On-screen text listing contact details]

Legal Help

1300 792 387

Legal Help Chat

www.legalaid.vic.gov.au

Federation of Community Legal Centres

www.fclc.org.au

[On-screen text: How can a duty lawyer help?]

[A duty lawyer greets a client at court.]

Narrator: Duty lawyers give legal information and advice. They can explain your rights and responsibilities and help you decide on your best legal options. They are often busy helping lots of people. While you might only speak with them for a short time, this can still be very useful.

Your duty lawyer might talk to the other side, their lawyer or the police for you.

[We are now in a courtroom. A client sits behind a table. His duty lawyer is talking to the magistrate, who sits behind a bench at the front of the courtroom.]

Narrator: Sometimes they'll join you in the courtroom and speak to the magistrate.

[Another client and duty lawyer are talking in the lawyer’s office. The client shows the lawyer their paperwork.]

Narrator: When a duty lawyer works with you, they act for you and their aim is to help you. They follow the same rules of confidentiality that any lawyer would. If you would like to know more about this, you can ask the duty lawyer when you meet with them.

[On-screen text: What should I tell the duty lawyer?]

Narrator: It can be hard to share what's happened. The duty lawyer will ask you some questions to work out the best way to help you.

It's a good idea to bring any documents you have about your matter.

You can ask the lawyer to explain anything you don't understand. We recommend writing down important information.

[On-screen text: What about police advice?]

[Two police officers are talking at court.]

Narrator: You might speak to Victoria Police at court. They try to resolve matters in a way that police believe is most suitable and safe. Whether or not you agree with the police, it's a good idea to get your own legal advice. The police cannot give independent legal advice about your case.

[On-screen text: Things to remember]

Narrator: We hope you feel clearer about how duty lawyers can help. Here are a few things to remember:

Duty lawyers can help you on the day of your hearing. Ask at the front counter when you arrive at court.
You don't have to pay to see a duty lawyer.
Duty lawyers can give legal information or advice. Sometimes they'll come into the courtroom with you and speak to the magistrate.
Your duty lawyer will act for you, and their goal is to help you.

[On-screen text: Where to get help]

Narrator: For more information, contact Victoria Legal Aid or a community legal centre. If you have questions about court or are worried about your safety there, you can visit the Magistrates’ Court of Victoria website or contact the court you're going to.

[On-screen text listing contact details]

Victoria Legal Aid

1300 792 387

www.legalaid.vic.gov.au

Federation of Community Legal Centres

www.fclc.org.au

Magistrates’ Court of Victoria

www.mcv.vic.gov.au]

Narrator: There are also many support services you can speak to. Remember, help is available.

[On-screen text listing family violence services]

1800RESPECT – 1800 737 732

24/7 national domestic, family and sexual violence counselling service.