Is Justice Too Expensive?
A cost of living protest in London. Used without permission.
There is a common claim that each of us has a price; an amount we would be willing to accept to overlook certain moral or ethical complexities which confront us. Each of us can be bought out, so to speak; that’s the claim, at least!
Indeed, numerous wealthy criminals have believed they could get through the justice system relatively unscathed by paying their lawyer very well. And while excellent representation doesn’t go amiss, the reality is simple: you can’t buy justice. Or can you?
The financial situation of our economy is getting tighter and tighter. We have borne witness to this fact in the past week with the major global stock market and economic crash. Interest rates are skyrocketing, rental prices are being bumped up, the cost of groceries are rising, and don’t even think about the modern “luxuries” of dental or chiropractic appointments! The cost of living is a problem facing all of us, yet the injustice faced by some is greater than others.
At the end of last year, the Impact Economics Justice on the Brink Report was released by National Legal Aid. It revealed the cold truth in no uncertain terms: Australia has a massive gap in accessibility to justice. Our legal assistance services are under-resourced and unable to keep up with demand, requiring an increase of $484 million in Legal Aid funding this year just to meet this demand! [1]
However, funding is not the only issue. Under the current income and assets tests for Legal Aid, only 8% of households would be eligible to access legal aid. [2] This is withstanding the reality that currently around 13% of Australians live under the poverty line. [3] Individuals suffering from dire situations must be able to prove that they earn $450 or less each week to be eligible for legal aid. [4] I don’t know about you, but I don’t know anyone in Sydney who could survive on $450 a week. Just think about the cost of rent, food, internet and utility services, transport… could you survive?
The justice gap in Australia, also known as the “missing middle”, has been growing steadily each year. [5] Tens of thousands of individuals are left to represent themselves in Court due to the inability to afford a lawyer and ineligibility for legal aid. Not to sound melodramatic, but this threatens the very principles of justice and its proper administration. As stated by Dr Jacoba Brasch QC, past President of the Law Council of Australia, ‘a guiding principle of the rule of law is equality before the law. This means all people must be equally protected by the law. If legal services are financially out of reach of any Australian, then we have failed to uphold this principle.’ [6]
From family law to civil law to criminal law – every area of law is affected by this unfortunate trial. And sadly, it is often the most vulnerable demographics of society which fall into this “missing middle”: those with disabilities, single parents, children, indigenous Australians, rural inhabitants, and refugees. Those experiencing these times the toughest find themselves betrayed by the legal system which was originally made to support them.
So, what can be done about it?
Stopping short of political changes to funding models in our government, there are small and significant changes which we – as lawyers and lawyers in the making – can contribute towards. We can start a shift towards accepting far more pro bono and low bono cases in each of our workplaces, granting more individuals the opportunity for proper legal representation at little cost to our workplaces long-term. A little goes a long way for the individuals who receive this help. We can also support and promote legal services such as Wallumatta Legal and other low bono law firms around Sydney, to raise awareness in our communities of legal alternatives and possibilities. And of course, we can give – financially, or of our time – to practically support pro bono and low bono legal practices.
Some may read this and consider that this would come at a cost to ourselves, but surely the cost is worthwhile for ensuring the justice of the legal system we are part of is upheld with dignity, honour, and respect for the “little guys”.
What is the price you are willing to pay for justice?
[1] Kristen Connell, ‘Access to justice requires major boost to legal assistance service funding’ Law Council of Australia (Website, 23 November 2023) < https://lawcouncil.au/media/media-releases/access-to-justice-requires-major-boost-to-legal-assistance-service-funding >.
[2] Ibid.
[3] Ibid.
[4] *Unless exceptional circumstances apply. Please see the Legal Aid Means and Income Tests for further details.
[5] Ugur Nedim, ‘Pro Bono Lawyers Australia: Helping Bridge the Justice Gap’ Sydney Criminal Lawyers (Website, 29 May 2016) < https://www.sydneycriminallawyers.com.au/blog/pro-bono-lawyers-australia-helping-bridge-the-justice-gap/ >.
[6] Kristen Connell, ‘Closing the Justice Gap for the Missing Middle’ Law Council of Australia (Website, 9 December 2021) < https://lawcouncil.au/media/media-releases/closing-the-justice-gap-for-the-missing-middle >.