
June 21, 2010
New LSS tariffs: what does it mean for clients? The Legal Services Society is introducing “simplified” tariffs for all new criminal and family legal aid referrals, effective June 29, 2010. Tariffs are the rules and fees that lawyers use when billing LSS for the legal services they provide to our legal aid clients. Because the tariff system had become so complicated over the years, LSS decided it was time to streamline it to save both lawyers and LSS staff valuable administrative time. LSS took care to consult with lawyers in developing the new tariffs. It was important that the changes not affect the overall amount of compensation that LSS pays for legal services. Similarly, the services that lawyers provide remain the same, and the new tariffs have not altered services, coverage, or eligibility for clients at all. The focus has been the consolidation of tariff items into a shorter and more flexible structure that will make it easier for lawyers to bill services. The new tariffs can also serve to benefit LSS clients themselves. Lawyers have told us that the complexity of the old system made it hard to explain coverage to their clients. With a simpler tariff, it will be easier for people to understand exactly what their lawyer can do to help them, and the number of hours the lawyer has available to do it in. This could help clients to make the best possible use of their lawyer’s time. And finally, because a simplified tariff will reduce the amount of materials that LSS Publishing Services has to produce, it may free up time for other purposes, such as developing more PLEI materials! Recent welfare changes: Part 2 In the May issue of ELAN, we alerted you that further welfare changes were coming, including new rules about welfare eligibility for people who have outstanding arrest warrants under immigration legislation or in relation to an indictable offence. As of June 1, 2010, these additional changes to the welfare legislation have taken effect. Minimum shelter benefits eliminated Before April 1, 2010, people receiving persons with disabilities benefits, and people aged 60 to 64 on income assistance who were not eligible for the federal spouse’s Allowance received $75 per month in shelter benefits from the Ministry of Housing and Social Development even if they had no actual shelter costs (e.g., they were homeless). As of June 1, 2010, this minimum shelter allowance is eliminated. People with outstanding warrants not eligible for welfare People who have outstanding warrants in relation to indictable offences or under immigration legislation will not generally be eligible for welfare. However, the rules are complicated; there are some exceptions and options for receiving repayable hardship benefits while trying to deal with a relevant warrant. The Community Legal Assistance Society (CLAS) has prepared a Welfare and Outstanding Warrants Fact Sheet for clients and advocates, which is available on the CLAS website and has been circulated on the PovNet welfare list. Remember, if you want to stay on top of the welfare and warrants issue, and you’re not yet subscribed to the PovNet welfare list, you can subscribe by sending an e-mail to the moderator with a brief description of the work that you do. Family law legal aid: LSS comments on Mapping the Gap This West Coast Legal Education and Action Fund (LEAF) report, published in May, is based on a 2009 survey of community groups. Unfortunately, it reflects misconceptions about LSS services at the time of the survey, and does not mention service improvements since 2009. LSS was not consulted about the survey or the report, and provides this clarification on current legal aid services for family law matters for those who have read it. Depending on the situation, legal aid services may include representation by a lawyer, brief legal advice and assistance, and/or legal information. Family law and representation by a lawyer Legal aid representation is available in a number of situations, including but not limited to domestic violence. In assessing the risk of domestic violence, legal aid intake workers are trained to consider verbal, emotional, and other abuse, in addition to the threat of physical violence. Representation is also available if there has been a repeated denial of access, a parent has threatened to remove a child permanently from the province, or if a parental kidnapping may have occurred. Legal aid representation is available in other situations (based on a merit test and depending on available funding and the client’s circumstances) including: to resolve serious legal issues in high conflict cases; to respond to litigation harassment; to help those clients who cannot represent themselves due to emotional abuse, psychological trauma, or mental illness; or to resolve a case when all other efforts have been exhausted and resolving the case will make a significant difference to the client or the client’s children. Note: The items above are not a complete list of all situations that may be covered. Clients who are refused a lawyer to represent them can come back at any time if their situation changes or they have further information to share. In December 2009, LSS was able to reinstate extended family services for clients whose cases were not resolved within the time available on the initial referral, and added hours to the Child, Family, and Community Service Act Tariff (for child protection/removal matters) to support mediation and to compensate lawyers for helping clients with legal problems related to child protection issues (housing, debt, income assistance, etc.) For current information about the circumstances in which LSS will provide a lawyer to represent a client in a family law case, see the Serious family problems page on the LSS website. Family duty counsel and advice services Family duty counsel is an important and well-used legal aid service. LSS provides family advice services in 48 communities, including rural communities like Kitimat and Creston, and is in the process of adding services in court locations where demand exceeds resources, as well as in a number of smaller and more remote communities. Last year, LSS family duty counsel and advice lawyers served 29,807 clients, providing legal advice, brief representation in court, and/or assistance with forms completion. For more information about these services, see the Legal advice page on the LSS website. Improved access to legal aid intake As of April 2010, there are over 50 locations in 33 communities where people can apply in person for legal aid services — including new locations in New Westminster and Langley. Intake is also available province-wide through the toll-free phone line. Wait times average less than 10 minutes and the processing of calls has been simplified, with clients having to listen to fewer and shorter messages before being put through to an intake worker. Public legal education and information and community engagement In 2009/2010, LSS organized 12 workshops across BC attended by 262 front-line workers who help clients with family problems, in locations from Bella Coola to Port Clements to Nelson to Fort St. John. LSS will continue this successful workshop series and explore other innovative ways to reach clients and the workers who support them. In the coming year, LSS will also improve access to legal education, information, and intake services by partnering with interested community agencies in remote, rural, and Aboriginal communities. And finally LSS will continue to provide access to free legal information in print and on the Web. The future of legal aid The following is a condensed version of a speech to the benchers of the Law Society of BC on April 23, 2010 by the chair of the Legal Services Society Board of Directors, Mayland McKimm, QC. Today, the Legal Services Society (LSS) provides services through its toll-free call centre, and at more than 50 legal aid offices and courthouse locations across BC. At each of these locations, you can get legal information and referrals to other social service agencies, and apply for legal aid. In 2009, LSS had expenditures of $82 million dollars, of which 68 per cent ($56 million), went to lawyers. In 2001, LSS had expenditures of $89 million, of which only 58 percent ($52 million), went to lawyers. Many people urge the government to restore funding to the level it was at in 2001. When you factor in inflation and population growth, we would need an additional $47 million to match 2001 funding. In today’s economy, I doubt very much there is an additional $47 million to be found in the government’s accounts. This doesn't mean I am content with the current state of funding. Late me make it clear — and I have made this clear to the government as well — the Legal Services Society does not have adequate funding to deliver the services we, the board of directors, believe are necessary to serve our clients. As a result of its recent restructuring, the Legal Services Society now has about $1.5 million that can be devoted to services. With this money, we have reinstated some family law services that were previously cut, and we will be introducing expanded family and criminal duty counsel programs. (For more information, see More legal aid for low-income people in BC.) In any legal dispute, the ideal outcome is a speedy resolution that stands the test of time so the parties can get on with their lives. Legal aid clients are no different, but achieving the ideal outcome for them often involves helping them address non-legal issues such as homelessness, poverty, or addiction that have an impact on their legal problems. This is best accomplished when legal aid and multiple government ministries integrate their services and make them available early in the legal process or, better still, before the legal process is even needed. Examples of how this might work include lawyers providing advice outside court at native friendship centres, women’s agencies, welfare offices, or hospitals. Imagine what could be achieved if legal aid worked in concert with all the various social service providers to address all facets of a person’s problems — including legal problems — at an early stage before those problems fester and become even more costly. We would have a much greater chance of achieving the ideal outcome I just described — a speedy resolution that stands the test of time so the parties can get on with their lives. What’s new on Clicklaw Brenda Rose, Clicklaw project coordinator, provided this update on Clicklaw. Clicklaw provides the public with a single point of access to hundreds of public legal education and information resources and legal services in BC. We've been online for over a year now and launched our HelpMap of legal services in December 2009. We've had great response from community workers and the public, and have used your feedback to enhance Clicklaw. Last month, in conjunction with Law Day, we released our updated version of the site. Here are six highlights of what's new and improved on Clicklaw: 1. Additional resources: We added over 200 new resources to the Solve Problems section to fill gaps in the legal information available, including many that were on the now retired LawLINK website. 2. Clicklaw subtopics: We added subtopics to resources to improve the experience of browsing on Clicklaw. 3. Resources in languages other than English: We made it easier to find resources on Clicklaw that are in languages other than English. 4. Common questions: There are now over 100 "common questions" on the site, featuring resources that are good starting points for information on common legal problems. 5. What’s new: A blog highlighting new resources is now featured on the Clicklaw homepage. 6. Facebook and Twitter: Clicklaw has arrived on Facebook and Twitter! As part of our ongoing efforts to take advantage of new technologies and to respond to your feedback, our next focus will be on making our HelpMap more efficient and easier to use. If you haven't done so already, please take a moment to have a look at the latest version of our site. If you have any feedback you’d like to share, please post a comment on our blog, fill out our short survey, or send us an e-mail. Hot off the press from LSS Quoi faire si vous êtes accusé de … (What to do if you are charged with ... series) We now have online-only French translations of this series of short booklets outlining what happens — and what a person must do — when charged with mischief, assault, theft under $5,000, possession of stolen goods under $5,000, or possession of illegal drugs. Each of the five booklets is tailored to the particular offence, summarizing what a prosecutor must prove, how the court process works, what the possible defences are, what happens if there is a guilty verdict, and where to find legal help. These booklets join the previously translated Quoi faire si vous êtes accusé de bris d'une ordonnance (What to Do If You Are Charged with a Breach of a Court Order). Si vous êtes accusé d’un crime (If You Are Charged with a Crime) Short and easy to understand, this online-only fact sheet, now available in French, gives a brief description of the court process and the different options that might be available to someone accused of a crime. It also outlines the accused person's legal rights, what a lawyer can do, how to find a lawyer, and how to get legal aid or other legal help.

June 21, 2010

New LSS tariffs: what does it mean for clients?

The Legal Services Society is introducing “simplified” tariffs for all new criminal and family legal aid referrals, effective June 29, 2010. Tariffs are the rules and fees that lawyers use when billing LSS for the legal services they provide to our legal aid clients. Because the tariff system had become so complicated over the years, LSS decided it was time to streamline it to save both lawyers and LSS staff valuable administrative time.

LSS took care to consult with lawyers in developing the new tariffs. It was important that the changes not affect the overall amount of compensation that LSS pays for legal services. Similarly, the services that lawyers provide remain the same, and the new tariffs have not altered services, coverage, or eligibility for clients at all. The focus has been the consolidation of tariff items into a shorter and more flexible structure that will make it easier for lawyers to bill services.

The new tariffs can also serve to benefit LSS clients themselves. Lawyers have told us that the complexity of the old system made it hard to explain coverage to their clients. With a simpler tariff, it will be easier for people to understand exactly what their lawyer can do to help them, and the number of hours the lawyer has available to do it in. This could help clients to make the best possible use of their lawyer’s time.

And finally, because a simplified tariff will reduce the amount of materials that LSS Publishing Services has to produce, it may free up time for other purposes, such as developing more PLEI materials!

Recent welfare changes: Part 2

In the May issue of ELAN, we alerted you that further welfare changes were coming, including new rules about welfare eligibility for people who have outstanding arrest warrants under immigration legislation or in relation to an indictable offence.

As of June 1, 2010, these additional changes to the welfare legislation have taken effect.

Minimum shelter benefits eliminated

Before April 1, 2010, people receiving persons with disabilities benefits, and people aged 60 to 64 on income assistance who were not eligible for the federal spouse’s Allowance received $75 per month in shelter benefits from the Ministry of Housing and Social Development even if they had no actual shelter costs (e.g., they were homeless). As of June 1, 2010, this minimum shelter allowance is eliminated.

People with outstanding warrants not eligible for welfare

People who have outstanding warrants in relation to indictable offences or under immigration legislation will not generally be eligible for welfare. However, the rules are complicated; there are some exceptions and options for receiving repayable hardship benefits while trying to deal with a relevant warrant. The Community Legal Assistance Society (CLAS) has prepared a Welfare and Outstanding Warrants Fact Sheet for clients and advocates, which is available on the CLAS website and has been circulated on the PovNet welfare list.

Remember, if you want to stay on top of the welfare and warrants issue, and you’re not yet subscribed to the PovNet welfare list, you can subscribe by sending an e-mail to the moderator with a brief description of the work that you do.

Family law legal aid: LSS comments on Mapping the Gap

This West Coast Legal Education and Action Fund (LEAF) report, published in May, is based on a 2009 survey of community groups. Unfortunately, it reflects misconceptions about LSS services at the time of the survey, and does not mention service improvements since 2009. LSS was not consulted about the survey or the report, and provides this clarification on current legal aid services for family law matters for those who have read it. Depending on the situation, legal aid services may include representation by a lawyer, brief legal advice and assistance, and/or legal information.

Family law and representation by a lawyer

Legal aid representation is available in a number of situations, including but not limited to domestic violence. In assessing the risk of domestic violence, legal aid intake workers are trained to consider verbal, emotional, and other abuse, in addition to the threat of physical violence. Representation is also available if there has been a repeated denial of access, a parent has threatened to remove a child permanently from the province, or if a parental kidnapping may have occurred.

Legal aid representation is available in other situations (based on a merit test and depending on available funding and the client’s circumstances) including:

to resolve serious legal issues in high conflict cases;
to respond to litigation harassment;
to help those clients who cannot represent themselves due to emotional abuse, psychological trauma, or mental illness; or
to resolve a case when all other efforts have been exhausted and resolving the case will make a significant difference to the client or the client’s children.

Note: The items above are not a complete list of all situations that may be covered.

Clients who are refused a lawyer to represent them can come back at any time if their situation changes or they have further information to share.

In December 2009, LSS was able to reinstate extended family services for clients whose cases were not resolved within the time available on the initial referral, and added hours to the Child, Family, and Community Service Act Tariff (for child protection/removal matters) to support mediation and to compensate lawyers for helping clients with legal problems related to child protection issues (housing, debt, income assistance, etc.)

For current information about the circumstances in which LSS will provide a lawyer to represent a client in a family law case, see the Serious family problems page on the LSS website.

Family duty counsel and advice services

Family duty counsel is an important and well-used legal aid service. LSS provides family advice services in 48 communities, including rural communities like Kitimat and Creston, and is in the process of adding services in court locations where demand exceeds resources, as well as in a number of smaller and more remote communities.

Last year, LSS family duty counsel and advice lawyers served 29,807 clients, providing legal advice, brief representation in court, and/or assistance with forms completion. For more information about these services, see the Legal advice page on the LSS website.

Improved access to legal aid intake

As of April 2010, there are over 50 locations in 33 communities where people can apply in person for legal aid services — including new locations in New Westminster and Langley. Intake is also available province-wide through the toll-free phone line. Wait times average less than 10 minutes and the processing of calls has been simplified, with clients having to listen to fewer and shorter messages before being put through to an intake worker.

Public legal education and information and community engagement

In 2009/2010, LSS organized 12 workshops across BC attended by 262 front-line workers who help clients with family problems, in locations from Bella Coola to Port Clements to Nelson to Fort St. John. LSS will continue this successful workshop series and explore other innovative ways to reach clients and the workers who support them.

In the coming year, LSS will also improve access to legal education, information, and intake services by partnering with interested community agencies in remote, rural, and Aboriginal communities. And finally LSS will continue to provide access to free legal information in print and on the Web.

The future of legal aid

The following is a condensed version of a speech to the benchers of the Law Society of BC on April 23, 2010 by the chair of the Legal Services Society Board of Directors, Mayland McKimm, QC.

Today, the Legal Services Society (LSS) provides services through its toll-free call centre, and at more than 50 legal aid offices and courthouse locations across BC. At each of these locations, you can get legal information and referrals to other social service agencies, and apply for legal aid.

In 2009, LSS had expenditures of $82 million dollars, of which 68 per cent ($56 million), went to lawyers. In 2001, LSS had expenditures of $89 million, of which only 58 percent ($52 million), went to lawyers. Many people urge the government to restore funding to the level it was at in 2001. When you factor in inflation and population growth, we would need an additional $47 million to match 2001 funding. In today’s economy, I doubt very much there is an additional $47 million to be found in the government’s accounts.

This doesn't mean I am content with the current state of funding. Late me make it clear — and I have made this clear to the government as well — the Legal Services Society does not have adequate funding to deliver the services we, the board of directors, believe are necessary to serve our clients.

As a result of its recent restructuring, the Legal Services Society now has about $1.5 million that can be devoted to services. With this money, we have reinstated some family law services that were previously cut, and we will be introducing expanded family and criminal duty counsel programs. (For more information, see More legal aid for low-income people in BC.)

In any legal dispute, the ideal outcome is a speedy resolution that stands the test of time so the parties can get on with their lives. Legal aid clients are no different, but achieving the ideal outcome for them often involves helping them address non-legal issues such as homelessness, poverty, or addiction that have an impact on their legal problems.

This is best accomplished when legal aid and multiple government ministries integrate their services and make them available early in the legal process or, better still, before the legal process is even needed.

Examples of how this might work include lawyers providing advice outside court at native friendship centres, women’s agencies, welfare offices, or hospitals.

Imagine what could be achieved if legal aid worked in concert with all the various social service providers to address all facets of a person’s problems — including legal problems — at an early stage before those problems fester and become even more costly. We would have a much greater chance of achieving the ideal outcome I just described — a speedy resolution that stands the test of time so the parties can get on with their lives.

What’s new on Clicklaw

Brenda Rose, Clicklaw project coordinator, provided this update on Clicklaw.

Clicklaw provides the public with a single point of access to hundreds of public legal education and information resources and legal services in BC. We've been online for over a year now and launched our HelpMap of legal services in December 2009. We've had great response from community workers and the public, and have used your feedback to enhance Clicklaw. Last month, in conjunction with Law Day, we released our updated version of the site. Here are six highlights of what's new and improved on Clicklaw:

1. Additional resources: We added over 200 new resources to the Solve Problems section to fill gaps in the legal information available, including many that were on the now retired LawLINK website.

2. Clicklaw subtopics: We added subtopics to resources to improve the experience of browsing on Clicklaw.

3. Resources in languages other than English: We made it easier to find resources on Clicklaw that are in languages other than English.

4. Common questions: There are now over 100 "common questions" on the site, featuring resources that are good starting points for information on common legal problems.

5. What’s new: A blog highlighting new resources is now featured on the Clicklaw homepage.

6. Facebook and Twitter: Clicklaw has arrived on Facebook and Twitter!

As part of our ongoing efforts to take advantage of new technologies and to respond to your feedback, our next focus will be on making our HelpMap more efficient and easier to use.

If you haven't done so already, please take a moment to have a look at the latest version of our site. If you have any feedback you’d like to share, please post a comment on our blog, fill out our short survey, or send us an e-mail.

Hot off the press from LSS

Quoi faire si vous êtes accusé de … (What to do if you are charged with ... series)

We now have online-only French translations of this series of short booklets outlining what happens — and what a person must do — when charged with mischief, assault, theft under $5,000, possession of stolen goods under $5,000, or possession of illegal drugs. Each of the five booklets is tailored to the particular offence, summarizing what a prosecutor must prove, how the court process works, what the possible defences are, what happens if there is a guilty verdict, and where to find legal help. These booklets join the previously translated Quoi faire si vous êtes accusé de bris d'une ordonnance (What to Do If You Are Charged with a Breach of a Court Order).

Si vous êtes accusé d’un crime (If You Are Charged with a Crime)

Short and easy to understand, this online-only fact sheet, now available in French, gives a brief description of the court process and the different options that might be available to someone accused of a crime. It also outlines the accused person's legal rights, what a lawyer can do, how to find a lawyer, and how to get legal aid or other legal help.