Case Study:

Christopher and the duty lawyer

Christopher attends court without legal representation in relation to a charge for drink driving. Before entering the court, Christopher seeks advice from the duty lawyer but the duty lawyer does not represent him during court proceedings. This should be recorded as Duty Lawyer Service 1 – Advice.

Scenario 1:

Christopher is subsequently convicted, ordered to pay a fine, and loses his licence. Immediately following court proceedings, Christopher returns to the same duty lawyer for legal advice in relation to the penalty imposed. As the same duty lawyer talks to Christopher and provides advice on the same legal matter, this should just be treated as part of Duty Lawyer Service 1 – Advice.

Scenario 2:

Christopher is convicted, ordered to pay a fine, and loses his licence. Two days after the court proceedings, Christopher returns to the duty lawyer for additional legal advice. Although the same duty lawyer is engaged and provides advice on the same legal matter, this is counted as Duty Lawyer Service 2 – Advice.

Scenario 3:

Christopher is convicted, leaves the Court and is immediately arrested and taken into custody for a 2:15pm same-day court appearance in relation to breaching bail in connection with burglary charges. The duty lawyer advises Christopher prior to this second court appearance. Although the same duty lawyer is engaged, this is counted as a separate service ( Duty Lawyer Service 2 – Advice) as the subsequent occasion of service relates to a different legal problem.

Scenario 4:

As per Scenario 3 except this time when Christopher sees the duty lawyer, she decides to represent him to seek an adjournment for full legal advice. This is recorded as Duty Lawyer Service 2 – Minor Appearance.