The Law Society of NSW welcomes the publication by National Legal Aid (NLA) of its 2024 Census of private legal practitioners who have been, or presently deliver legal services to people with grants of legal aid.

Approximately one third of the 1010 respondents to the NLA’s survey are private legal practitioners based in NSW. More than three quarters of those have been taking legally aided cases for more than five years, with almost one in four respondents working in legally aided matters for more than 20 years.

These practitioners perform a service that is critical to the administration of justice. They do so tirelessly and often in difficult circumstances as they provide access to justice to many of our community’s most vulnerable people. 

Such difficulties include lengthy travel sometimes required to attend to these matters, with one third of NSW respondents to the survey travelling more than 200 kilometres on at least one occasion. 

Of most concern is that 12 percent of NSW respondents indicated that they plan to discontinue providing legal aid services in the following 12 months. A further 20 percent said they were ‘not sure’ whether they would continue. The departure of practitioners from this work risks creating a significant access to justice problem in our community. 

Many practitioners who undertake this work do so at a loss, and when the funding is insufficient, they often perform work for free. Indeed, the survey found that almost 90 percent of NSW respondents were concerned about having to perform unremunerated work and 62 percent were worried about the continuing financial viability of their practice. 

The Census report concludes:

The strongest thread running through the survey, evident in responses to multiple questions, is that legal aid work must be adequately resourced.

The Law Society of NSW will continue to advocate for fairer rates for private practitioners who take legally aided cases. I recognise and commend all solicitors who engage in this important work that is central to the proper functioning of our system of justice.