Today I want to talk about some common myths about Legal Aid Ontario (LAO).
Myth #1: I have to be on welfare to receive legal aid.
Truth:
You do not need to be on welfare to receive legal aid. LAO determines financial eligibility for legal aid funding, and whether a contribution plan is required. Generally, individuals with modest means are qualified for legal aid assistance.
Myth #2: Legal Aid cases are taken by lawyers of the Office of Public Defenders who are on government salaries.
Truth:
In Ontario, we do not utilize the Public Defender system as they do in the United States. LAO provides qualified clients with certificates. The clients then choose their own preferred lawyers, in a fashion much like our universal health care system in Canada. Although not all lawyers accept legal aid certificates, most lawyers do.
Once the lawyer accepts the legal aid certificate, the lawyer bills legal aid at the prescribed rate, just as he or she would in a privately retained matter.
There are a few law offices that are directly funded by Legal Aid Ontario. The staff lawyers, while not “public defenders,” are LAO employees.
Regarding court-appointed lawyers, they are not generally employed by LAO, but are retained on a certificate as mentioned above.
Myth #3: Legal Aid cases receive less attention from lawyers.
Truth:
Lawyers in Ontario have professional responsibilities to conduct themselves in a competent manner. Lawyers, for the most part, do their best whether the case is privately retained, legal aid assisted, or done on a pro bono basis (undertaken without charge).
In fact, many lawyers take pride in serving legal aid clients as a means to give back to the community.
Myth #4: Only less competent lawyer takes on legal aid cases.
Truth:
LAO imposes high standards on the lawyers who take on legal aid cases.
A newly-called lawyer is not automatically qualified to accept legal aid cases. Rather, a new lawyer must demonstrate that he or she has adequate training and experience to provide competent services to legal aid clients. He or she must also meet certain criteria prescribed by LAO before he or she is allowed to take on legal aid assisted cases.
