By Jennifer Davidson -
A growing number of law firms across Australia are integrating allied professionals like social workers and counsellors into their legal practice, according to new research. These Health Justice Partnerships are part of a growing movement that is improving people’s experience of the legal system.
The clichéd line in the movies is, ‘I’m calling my lawyer!’ But trying to navigate the legal system can feel less like a courtroom drama and more like a nightmare.
Michael* found himself in this very situation last year after experiencing elder abuse. After undergoing surgery, his wife and adult son moved him out of the family home against his wishes and into a hotel. He was isolated from family and friends, verbally abused by his son, denied access to his possessions and ultimately denied the care and support he needed for recovery.
For years Michael and his family had been working through issues in relation to his mental health, childhood trauma and drug use. After being removed from his own home, Michael turned to Legal Aid NSW for legal advice. But to his surprise, it wasn’t only a lawyer working on the case, but also a social worker from its Allied Professionals team. Legal Aid NSW is one of several Legal Aid Commissions, community legal services and private law firms that now offer integrated services involving lawyers and allied professionals such as social workers, psychologists and youth workers.
These partnerships ensure clients like Michael can deal with their legal problems and their non-legal issues such as trauma, mental illness, financial problems, housing stress and drug use. Issues like these can often contribute to, and exacerbate, a legal problem. Having access to social support allowed Michael to first resolve what he called “the messiness” of his situation (including past trauma and family conflict) in a holistic way that provided counselling and mental health support. That support meant Michael was better able to work with his lawyer to navigate the complexities of elder abuse law.
Our research on these socio-legal partnerships found that at least 67 integrated programs currently exist in Australia – and this number is growing. The research found that while these partnerships are more common in the larger states, they can be found across the country. They focus on issues such as elder abuse, family law, youth law, criminal law and tenancy problems. Also known as health justice partnerships, research suggests these services give clients like Michael an experience of the legal system that is less stressful and less harmful.
For Michael, having a social worker and lawyer work together was an empowering experience at a time when he felt “powerless”. In his words:
“The softening presence of the social worker gave me the emotional and intellectual strength to accept [the legal advice] as a reasonable and fair next step without feeling excessive shame or guilt.”
Similarly, for people experiencing family and domestic violence, accessing these partnerships can reduce confusion and uncertainty. Veronica* fled her home country and life-threatening domestic violence, arriving in Australia with her young child, Jesse*, who has high needs. In Australia, Veronica had no friends, family or other support. She was isolated, scared and desperate to keep herself and Jesse safe.
Fearing she would be forced to return to her home country, and risk being killed, Veronica turned to the Domestic Violence Unit (DVU) at Legal Aid NSW. In particular, she needed parenting orders from a court to ensure Jesse would continue to live with her and could not be taken out of Australia. A specialist domestic violence lawyer and a caseworker from the DVU worked in partnership to support Veronica. They helped Veronica to get court orders and to access support to keep her safe.
Working together, the lawyer and caseworker helped Veronica and Jesse to change their names, and to navigate issues relating to the NDIS, medical care and schooling. That partnership made an enormous difference. Without both supports, Veronica says she would have been “very confused and not know what to do”. Thanks to the support she received, Veronica felt “ready to move forward into the future”.
Veronica’s lawyer also saw a significant shift working in this way. “For clients experiencing domestic violence, having allied professionals work alongside their lawyer means they have someone helping them with their legal needs and someone helping with practical and emotional support. That can include things like safety planning, housing, referrals for counselling, and budgeting. It ensures safety is built into the process and there is a client-centred approach.”
However, establishing a successful integrated service is more than just dropping a social worker or psychologist into a legal team and expecting it to be perfect. Fostering collaborative relationships between lawyers and allied professionals is essential, and this requires changes in practice and perspective. Our research found that lawyers working with allied professionals have a deeper understanding of the client’s family and social relationships and how those relationships might be impacted by legal solutions.
Concurrently, the partnership gave allied professionals a deeper awareness of the rights of clients and how they can be effectively defended. For Veronica’s lawyer, working in this way significantly changed their practice and their clients’ experience of the legal system. “As a lawyer, working alongside allied professionals has been a game-changer,” the solicitor says.
“It allows me to ensure the client’s social needs are met and helps clients feel supported, safe and better able to understand their complex legal problems. This improves a client’s engagement with legal processes, such as court dates, mediation or legal appointments.”
The legal system operates better due to the pairing of legal and non-legal professionals. Expert reports from allied professionals help bring context to a legal matter. An experienced and long-serving magistrate recently said having an integrated team brings specificity to a person’s background and can help explain the impact of factors such as culture and grief.
Research suggests there are four key factors for success when creating an integrated service that effectively delivers legal and non-legal support. Firstly, the service needs the full backing of management across the organisation. Secondly, there needs to be awareness of the skills of each professional – and a willingness for the service to utilise those skills. Thirdly, there must be dedicated funding for the integrated service. Finally, there needs to be demonstrated respect for the work of all roles – legal and non-legal – in an integrated service. With these critical success factors in mind, Legal Aid NSW has invested in the development of services that integrate lawyers and allied professionals across the organisation.
For Michael, seeking legal help seemed essential but it could also mean he ran the risk of escalating the family crisis he was facing. Having the support of a Legal Aid NSW integrated team helped him shoulder the weight of both the family (or interpersonal) and legal complexities. The integrated team supported Michael to find solutions that protected his safety and helped him to act in a respectful and compassionate way towards his family members. “(I) felt seen and heard when I hadn’t been seen and heard anywhere else,” says Michael.
For Veronica and Jesse, integrated support provided safety and social supports that kept them free from violence and boosted their access to justice.
The legal system can be complex and hard to navigate, especially when people face significant problems. The partnership of lawyers and non-legal professionals can address those compounding problems and transform lives one client at a time.
*not their real names
