Civil justice system set for reform

The NSW Attorney-General has announced a proposal to reform the civil justice system, a move she predicts will take pressure off overcrowded courts.

Samantha Woodhill • 01 December 2016 • NewLaw

A reform of the civil justice system in NSW would take pressure off overcrowded courts by providing assistance to people settling everyday disputes outside court, Attorney-General Gabrielle Upton said.

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“When people have disputes over debts or even a problem with a landlord, they should be able to resolve the issue quickly, cheaply and, in most cases, outside court,” Ms Upton said.

“That world reduce pressure on our courts and is good for the economy, with fewer people having to take days off work to handle their legal problem.”

Around 2.8 million people in NSW face serious legal problems each year, 85 per cent of which are civil matters. But a whopping one in five take no action because they think it will be too stressful or costly, research by the Law and Justice Foundation of NSW has found.

“Legal problems left unresolved rarely go away and often get worse, so it is vital people have easy access to services that help them resolve them early,” Ms Upton said.

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‘Justice for Everyday Problems’, the government’s consultation paper announced by Ms Upton at a Western Sydney University forum on Monday, looks at the services available to resolve disputes and sets out ideas for change. The proposed reform aims to get people the best advice, information and services for their everyday problems.

A spokesperson for the Attorney-General told Lawyers Weekly that the solutions to come out of the consultation are likely to be around better promotion of current solutions, and how the system can better use technology.

The formal submission process comprises a number of forums across NSW and will run through to 24 February.

“Delivering a modern civil justice system that is fast, fair and accessible cannot be achieved by the NSW government alone. It will require collaboration between the government, private and community sectors,” Ms Upton wrote in the paper’s foreword.

Rob McKibbin Thursday, 01 December 2016

I became a solicitor late in life, after 34 years in small business. During those years I spent a fortune on legal fees. I wanted to be part of a movement toward more diverse collaborative lawyering, just not in Family law. Unfortunately, from the stint I did at a law firm recently, and having interacted with others I see that the almighty dollar is more important, and that litigation rules, irrespective of the matter, particularly small debt matters and especially unfair dismissal cases where the bulk of any settlement goes to the firm that drives the tomes of paperwork. I do understand that not unlike any other profession, we are there to make money. But, the imbalance even between a victory and the legal fees left a vulgar taste in my mouth. It is understandable when the profession claims that bringing in business has never been harder. As a seasoned businessman, I can see why. But, in my opinion based upon years making business happen, it has nothing to do with the proposition that there 'is no work'. The work is there, it is the cost and the proffered solutions that are the problems. I could not be more disillusioned. I doubt I will get through my two years restricted under supervision, as I have trouble with the business models I have seen, so far.

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- Anonymous Saturday, 03 December 2016
  
  I agree wholeheartedly Rob, I am also a mature age career change. The business model is wrong in my view from top to bottom except for the very top tier. There is a river of money underneath the current price points of this I am sure but with the current model of Equity Partner - Partner - Junior Partner - Senior Associate - Associate - Junior Solicitor , there is too many fingers (snouts in the trough) in the pie. Frankly the sector is ripe for serious digital disruption as entrepreneur get their qualification and change up the industry - thankfully it is largely a conservative industry with a lower degree of innovation so it is ripe for the disrupting
  
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- Glenno Monday, 05 December 2016
  
  Interesting and incisive observations. I too come to legal practice late in life and see glaring problems in the manner in which business was conducted in the several firms in which I have worked. It is all about being billable. In one firm, the partners organised a lunch for the fee earners - as an opportunity to rant at a captive audience about the need to make money and be more billable!
  
  Young lawyers accept this because they know no better. Those of us who come from other careers see this through different, more critical eyes, I am already working in a collaborative, virtual workspace, trying to make a go of the 'lawyer with a laptop' business model. You have to cover costs or you will go broke. But that is a lot easier without the trappings of the fancy office with the leather bound books, etc. There are challenges, but they are more interesting and tend not to lead to disillusionment.
  
  I am also working with others to try to bring new ways of doing business and delivering service as a way of making access to legal services more affordable for all. This will mean that I will likely never own a Merc but I can live with that because I have got to this stage in my life without one. I will close by observing that lobby groups (of which law societies are part) seem to have an inordinate level of influence on not only the types of reforms that occur, but how those reforms are implemented. While such groups possess the technical expertise, they are also highly conflicted.
  
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Roy Haggis Thursday, 01 December 2016

What a joke. There's no money in justice only in perverting the course of. If you want a much improved justice system then jail a couple lawyers for perverting the course of justice and make lawyers provide a fixed price quote for their work; and not allow them to claim any additional costs without prior approval of both parties. The justice system doesn't fail miserably because of regulation - it fails because of poor conduct by lawyers which goes unchecked.

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- Rob McKibbin Friday, 02 December 2016
  
  Wholeheartedly, I agree. Recently I have involved myself with an across the board fixed-fee firm AND with a fervent desire to settle disputes outside of the court room. Drive client fees down, foster the possibility of repeat business, and still reap a profit. The reforms announced by the NSW AG are a step in this direction.
  
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- AbsurdinessBrown Friday, 02 December 2016
  
  Nonsense. There aren't so many sharks in the pond.
  
  And the justice system isn't "failing", people are just not prioritising using it.
  
  @lw 1 in 5 don't use the existing litigation system? Good. They can focus on positive things. Those too keen to litigate invariably end up displeased at the results. It should always be a last option.
  
  I wonder what horrible things will now be inflicted on NSW smaller legal practices as a result of this bright idea?
  
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