Request for duty lawyers to act as agents

Duty lawyers available to act as agents

Find details of the courts where duty lawyer services are available, and where to direct your Duty Lawyer Agency Request form.

Flowchart

Use the flowchart to decide if the matter is one where a duty lawyer can appear in-line with a duty lawyer agency request:

Flowchart as a list

  • Does the defendant have a grant of Legal Aid for all charges before the court on the mention/callover date?
    • Yes
      • Is there a duty lawyer service for the court in question?
        • Yes
          • The requesting practitioner can ask the duty lawyer to appear on mentions/callovers to:
            • Apply for an extension of bail.
            • Get a remand by consent, or
            • Get a hearing/sentence date.
            Duty lawyers cannot appear as an agent on the following matters:
            • pleas of guilty, arraignments, trials, trial reviews, contested bail applications or variations, committal proceedings, or applications to adjourn trials, sentences or committal hearings
        • No
          • Can’t use the  duty lawyer service.  Make other arrangements (eg a paid agent).
    • No
      • Is Legal Aid funding being sought for this matter (eg has a Legal Aid application been submitted?)
        • Yes
          • Consider providing information to duty lawyer by way of a courtesy memo
            • In these situations, the duty lawyer can’t appear as an agent for the requesting firm and will be representing the client directly.
            • The defendant should also be appearing in person as he/she is not ‘represented’ in respect of the subject charges
      • No
        • Can’t use the duty lawyer service. Make other arrangements (eg a paid agent).

After determining that the duty lawyer can appear as an agent

Consider the following:

  1. All agency requests should use the Duty lawyer agent request form(DOCX, 126KB)
  2. Filled in agent request forms are to be emailed directly to the relevant duty lawyers or firms or relevant Legal Aid Queensland office by 4pm the day before an appearance. Faxes will not be accepted unless email isn’t available to the requesting practitioner.
  3. Do not send the form to the court as it may not be passed onto the duty lawyer in time.
  4. Find details of the courts where duty lawyer services are provided, including duty lawyer rosters statewide services.
  5. If the requesting practitioner wants to have the defendant’s appearance excused, consider the following:
    • The practices of the court or any previous orders made by the court requiring the personal attendance of the defendant.
    • Defendants appearing under a notice to appear in relation to some or all of the charges will need to appear in person.
    • If the defendant does not need to appear, give details of recent contact in the duty lawyer agent request form.
  6. For requests for duty lawyers to act as agent in the Brisbane District or Supreme Courts, the District/Supreme Court callover form must be used. All requests must be forwarded the day before, or at the latest, by 8am on the day of the appearance.
    Related District/Supreme Court documents
  7. Requests can only be made for clients with a current grant of legal aid. Legal Aid Queensland lawyers can only appear on mentions/reviews. Note that not all regional Legal Aid Queensland offices are able to appear as agents in District/Supreme Court mentions/reviews. Please contact the relevant Legal Aid Queensland office at least 1 business day before the mention/review to decide if the service is needed.
  8. All agent request forms for Brisbane Magistrates court (George Street and Roma Street) courts are to be emailed to Brisbane.

Related documents

Last updated 27 February 2023

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