In this section
START OF Policies and procedures
START OF Case management and practice management standards
END OF Case management and practice management standards
END OF Policies and procedures
1. Professional conduct
Preferred Suppliers are to ensure that all employees comply with the following standards:
All Preferred Suppliers are to ensure that:
The Preferred Supplier is to ensure that there is no conflict of interest when requesting or accepting a grant of aid.
Preferred Suppliers will have arrangements to:
The Preferred Supplier will have arrangements to ensure that:
The Preferred Supplier will have arrangements for:
A duty lawyer is to advise a client of any defences relevant to the charges faced by the client. If the client wishes to enter a plea of guilty, the duty lawyer should obtain signed instructions where practical.
In the case where a client advises the duty lawyer that they are not guilty of an offence but wish to plead guilty, the duty lawyer is to take all reasonable steps to advise the client of defences and the consequences of pleading guilty. If the client decides to continue with a plea of guilty, the duty lawyer must decline to enter the plea and suggest the client enter their own plea.
In the case where a client seeks assistance in a matter in which the duty lawyer is unable to assist, the duty lawyer is to refer the client to appropriate services. It is the responsibility of the duty lawyer to ensure referrals are made in accordance with the policy outlined in these standards.
Practitioners are to have ready access to up-to-date legal reference books and journals for the areas in which the firm offers a service for Legal Aid clients.
The Preferred Supplier will have arrangements in place to ensure that:
The Preferred Supplier will ensure that there are appropriate arrangements to supervise the conduct of casework and other tasks.
The Preferred Supplier will ensure non-discriminatory and equal opportunity practices are observed and behaviour not consistent with those practices are dealt with according to the relevant policy.
Suppliers will only be paid in accordance with the Legal Aid Queensland's Scale of Fees. There is no discretion for the Preferred Supplier to negotiate or authorise fees outside the Scale of Fees without the prior approval of LAQ.
The Preferred Supplier is to ensure that any barrister which they engage to undertake Legal Aid work complies with the following standards:
A medical practitioner includes general medical practitioners, specialist medical practitioners, psychologists, psychiatrists, occupational therapists etc. The medical practitioner must comply with the following standards:
This category includes engineers, accountants and other providers of expert services. They must comply with the following standards:
The process servers must comply with the following requirements:
Where LAQ has a conflict of interest in providing legal advice and requests a Preferred Supplier to provide legal advice, the Preferred Supplier will have arrangements in place to ensure that:
Referrals should be provided where a client is not eligible for a grant of aid and other Legal Aid services are unavailable or unsuitable to the client's requirements. The Preferred Supplier will have arrangements to ensure that: