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Justice made to measure: NSW legal needs survey in disadvantaged areas (2006) Cite this reportCh 5. Seeking help for legal events |
Figure 5.1: Number of advisers used per legal event, all six LGAs, 2003
Notes: N=1488 events. Information on number of advisers was missing for eight events where help was sought.
Participants were asked to identify all the advisers they used in response to legal events from a list comprising a wide range of both legal and non-legal advisers. Legal advisers included traditional legal advisers, such as private solicitors/barristers, local courts, Legal Aid NSW, LawAccess NSW, Aboriginal legal services, community legal centres (CLCs), as well as less formal legal advisers such as friends or relatives who are lawyers, and published sources (e.g. the internet). Non-legal advisers included friends and relatives who are not lawyers, government sources, police, complaint handling bodies, and other professionals and agencies.3
Figure 5.2 presents the percentage of events where participants who sought help used one or more legal advisers. It can be seen that participants did not limit themselves to legal advisers, but approached a broad range of sources in response to legal events. In fact, one or more legal advisers were used in response to only 25.6 per cent of the events where participants sought help. In the remaining three-quarters of the events where help was sought, participants used only non-legal advisers.
Figure 5.2: Use of legal versus non-legal advisers, all six LGAs, 2003
Notes: N=1495 events. Information on type of adviser was missing for one event where help was sought.
Events where both legal and non-legal advisers were used are included within the ‘legal adviser(s) used’ category.
Table 5.1 presents more detailed information about the types of legal and non-legal advisers used by participants. It presents both the percentage of events where a given adviser was used, and the percentage of events where a given adviser was the first adviser used.4 The table also provides the rankings corresponding to these percentages.
As shown in Table 5.1, traditional legal advisers, namely private lawyers, local courts, Legal Aid NSW, LawAccess NSW, Aboriginal legal services and CLCs, were used in response to only 12.0 per cent of events where help was sought. Private solicitors/barristers constituted the most commonly used traditional legal adviser, approached in 9.6 per cent of events where participants sought help. Local courts, Legal Aid NSW, LawAccess NSW, Aboriginal legal services and CLCs were each used in under 2.0 per cent of events where help was sought.
Interestingly, the most commonly approached advisers in response to legal events were non-legal professionals, such as doctors, accountants, psychologists and counsellors. Non-legal professionals (i.e. ‘other professionals’) were approached for help in response to 24.5 per cent of the events where help was sought. The next nine most common advisers were friends or relatives who are not lawyers (15.5%), government organisations (15.3%), private solicitors/barristers (9.6%), the internet (7.4%), friends or relatives who are lawyers (7.0%), trade unions or professional bodies (6.4%), insurance companies/brokers (5.9%), school staff (5.7%) and the police (5.2%). There were only three categories of legal advisers among the 10 most frequently used types of advisers: private lawyers, the internet, and friends or relatives who are lawyers.
Table 5.1: Type of adviser used, all six LGAs, 2003
| Type of adviser |
Adviser used
|
Adviser used firste
|
||||
|
No. of events
|
% of events where help sought
|
Rank
|
No. of events
|
% of events where help sought
|
Rank
|
|
| LEGAL ADVISER | ||||||
| Traditional legal: |
180
|
12
|
150
|
10.3
| ||
| Private solicitor/barrister |
143
|
9.6
|
4
|
119
|
8.2
|
4
|
| Local court |
21
|
1.4
|
16
|
13
|
0.9
|
16
|
| Legal Aid NSW |
18
|
1.2
|
18
|
13
|
0.9
|
16
|
| LawAccess NSW |
3
|
0.2
|
24
|
2
|
0.1
|
21
|
| Aboriginal legal services |
1
|
0.1
|
25
|
1
|
0.1
|
25
|
| CLCs |
5
|
0.3
|
21
|
2
|
0.1
|
21
|
| Lawyer friend/relative |
105
|
7
|
6
|
77
|
5.3
|
5
|
| Published: |
120
|
8
|
67
|
4.6
| ||
| Internet |
110
|
7.4
|
5
|
59
|
4.1
|
10
|
| Self-help source |
13
|
0.9
|
19
|
8
|
0.5
|
19
|
| NON-LEGAL ADVISER | ||||||
| Other friend/relative |
232
|
15.5
|
2
|
168
|
11.5
|
3
|
| Government: |
294
|
19.7
|
233
|
16
| ||
| Government organisation |
228
|
15.3
|
3
|
172
|
11.8
|
2
|
| Local council |
68
|
4.5
|
12
|
51
|
3.5
|
12
|
| Member of parliament |
21
|
1.4
|
16
|
10
|
0.7
|
18
|
| Police/complaint handling: |
82
|
5.5
|
68
|
4.7
| ||
| Police |
77
|
5.2
|
10
|
65
|
4.5
|
9
|
| Industry complaint handling bodya |
5
|
0.3
|
21
|
3
|
0.2
|
20
|
| Other: |
829
|
55.5
|
692
|
47.6
| ||
| Other professionalb |
367
|
24.5
|
1
|
293
|
20.1
|
1
|
| School/school counsellor/teacher |
85
|
5.7
|
9
|
73
|
5
|
6
|
| Non-legal community group |
56
|
3.7
|
15
|
29
|
2
|
15
|
| Private agency/organisationc |
70
|
4.7
|
11
|
51
|
3.5
|
12
|
| Company/business/bank |
61
|
4.1
|
14
|
46
|
3.2
|
14
|
| Insurance company/broker |
88
|
5.9
|
8
|
71
|
4.9
|
8
|
| Trade union/professional body |
96
|
6.4
|
7
|
72
|
4.9
|
7
|
| Library |
7
|
0.5
|
20
|
2
|
0.1
|
21
|
| Employer |
63
|
4.2
|
13
|
53
|
3.6
|
11
|
| Other tribunal |
5
|
0.3
|
21
|
2
|
0.1
|
21
|
| Unclassified |
3
|
0.2
|
-
|
-
|
-
|
|
| Total |
1495d
|
100
|
1455f
|
100
| ||
Participants who sought help in response to legal events were also asked whether or not each adviser was ‘useful’. There was considerable variation in the perceived usefulness of different types of advisers (see Table 5.2). The advisers that were most often rated as useful were friends or relatives who are lawyers (90.5%), the internet (89.1%), other friends or relatives (82.8%), non-legal community groups (76.8%) and other non-legal professionals (76.6%). Traditional legal advisers such as private lawyers (65.7%), local courts (76.2%) and Legal Aid NSW (66.7%) were also rated as useful in the majority of cases.5 Advisers who were least frequently perceived as useful were members of parliament (33.3%).
There was also considerable variation in how often each type of adviser was rated as the ‘most useful’ adviser when more than one adviser was used for the same event (see Table 5.2). The advisers that were most often rated as the most useful adviser when they were one of multiple advisers were private lawyers (72.7%).
However, as will be discussed later, different types of advisers tended to be consulted for different types of events. Thus, differences in the perceived usefulness of different advisers may in part reflect differences in the nature of problems handled.
Table 5.2: Usefulness of advisers, all six LGAs, 2003
| Type of adviser | Adviser used | Adviser was one of multiple advisers | ||
| No. of events | % of events used where rated as usefuld | No. of events | % of events rated as most useful advisere | |
| LEGAL ADVISER | ||||
| Traditional legal: |
180
|
67.8
|
41
|
73.1
|
| Private solicitor/barrister |
143
|
65.7
|
33
|
72.7
|
| Local court |
21
|
76.2
|
8
|
-
|
| Legal Aid NSW |
18
|
66.7
|
7
|
-
|
| LawAccess NSW |
3
|
-
|
1
|
-
|
| Aboriginal legal services |
1
|
-
|
0
|
-
|
| CLCs |
5
|
-
|
3
|
-
|
| Lawyer friend/relative |
105
|
90.5
|
44
|
50
|
| Published: |
120
|
87.5
|
86
|
33.7
|
| Internet |
110
|
89.1
|
81
|
34.6
|
| Self-help source |
13
|
53.8
|
8
|
-
|
| NON-LEGAL ADVISER | ||||
| Other friend/relative |
232
|
82.8
|
139
|
33.8
|
| Government: |
294
|
55.4
|
112
|
47.3
|
| Government organisation |
228
|
57
|
84
|
44
|
| Local council |
68
|
45.6
|
38
|
34.2
|
| Member of parliament |
21
|
33.3
|
13
|
23.1
|
| Police/complaint handling: |
82
|
51.2
|
31
|
29
|
| Police |
77
|
49.4
|
29
|
27.6
|
| Industry complaint handling bodya |
5
|
-
|
2
|
-
|
| Other: |
829
|
67.4
|
225
|
56
|
| Other professionalb |
367
|
76.6
|
110
|
53.6
|
| School/school counsellor/teacher |
85
|
55.3
|
24
|
20.8
|
| Non-legal community group |
56
|
76.8
|
28
|
46.4
|
| Private agency/organisationc |
70
|
71.4
|
23
|
30.4
|
| Company/business/bank |
61
|
47.5
|
21
|
38.1
|
| Insurance company/broker |
88
|
46.6
|
25
|
36
|
| Trade union/professional body |
96
|
57.3
|
33
|
54.5
|
| Library |
7
|
-
|
5
|
-
|
| Employer |
63
|
63.5
|
24
|
25
|
| Other tribunal |
5
|
-
|
1
|
-
|
| Unclassified |
3
|
-
|
0
|
-
|
| Total |
1495
| |||
Table 5.3: Source of knowledge about sole or most useful adviser, all six LGAs, 2003
| How found out about adviser |
Events where help sought
|
|
|
No.
|
%
|
|
| General knowledge |
436
|
30.2
|
| Used the adviser/service before |
256
|
17.7
|
| Adviser was a friend or relative |
241
|
16.7
|
| Other agency/person |
210
|
14.5
|
| From a friend or relative |
126
|
8.7
|
| Telephone book |
44
|
3
|
| Pamphlet/poster |
33
|
2.3
|
| Internet |
30
|
2.1
|
| Media |
26
|
1.8
|
| Walked in off the street |
16
|
1.1
|
| CLC |
14
|
1
|
| Adviser approached them |
6
|
0.4
|
| Other |
8
|
0.6
|
| Total |
1446
|
100
|
Participants found out about their sole or most useful adviser from a variety of sources. In almost one-third of cases, participants relied on their own general knowledge, in 17.7 per cent of cases the participant had used the adviser before and in a further 16.7 per cent of cases the adviser was a friend or relative. Participants also found out about the sole or most useful adviser from friends or relatives (8.7%), or from another person or agency (14.5%). Less often, participants found out about the adviser from the telephone book, pamphlets/posters, the internet, the media or CLCs. Participants reported that they found out about the adviser from a CLC in only 1.0 per cent of cases.
Type of adviser for different types of legal events
Table 5.4 shows the types of advisers used for different types of legal events. The table presents this information for the 10 types of adviser used most frequently overall. In some cases, participants used more than one adviser for the same event. The descriptive statistics suggest that the type of legal event experienced to some extent guided participants’ choice of adviser, with the choice of adviser generally appearing to be appropriate.7 For instance, in response to education events, the advisers most commonly approached for help were school staff such as teachers or school counsellors. School staff were used in response to 82.9 per cent of education events where some form of help was sought. Non-legal professionals such as doctors, psychologists and counsellors were the advisers most commonly approached in response to health events (54.5%) and in response to accident/injury events (53.6%). The most common advisers were government organisations for government events (41.3%), trade unions for employment events (40.5%), private lawyers for wills/estates events (33.5%) and police for general crime events (27.1%).