This chapter provides guidance on:

• 1.14.1 Mismatch between lawyers’ expertise & clients’ needs
• 1.14.2 Working with clients who are Aboriginal and/or Torres Strait Islander peoples
• 1.14.3 Working with clients with culturally and linguistically diverse backgrounds
• 1.14.4 Working with clients requiring interpreters
• 1.14.5 Working with clients with disabilities
• 1.14.6 Delivering legal services virtually
• 1.14.7 Challenging client behaviour
• 1.14.8 Self-care and resilience

This chapter was reviewed in 2022 by the Australian Pro Bono Centre and various experts with relevant lived experience, as indicated in the acknowledgements which follow each sub-chapter. The Centre acknowledges and is grateful for the generous contributions of all those who assisted with the 2022 refresh of the Australian Pro Bono Manual.  

1.14.1 MISMATCH BETWEEN LAWYERS’ EXPERTISE AND CLIENTS’ NEEDS

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One commonly identified barrier to the provision of pro bono legal services is the mismatch that can arise between the skills and knowledge of lawyers willing to undertake pro bono legal work and those required to effectively address the needs of pro bono clients. These skills and knowledge may be legal or non-legal.

This sub-chapter notes several possible responses to this dilemma:

• The mismatch may not be so serious that it prevents pro bono lawyers from providing effective assistance. Lawyers have a range of generic and specialist skills that can be adapted and built upon. Firms can also start from their existing skill base to identify ways in which those particular skills may be of use to disadvantaged communities.

• There are some areas of law relevant to assisting people experiencing disadvantage where it is relatively easy to acquire the necessary skills and knowledge through research, training or supervised practice. Even where an area of law is very complex, for example family law, there may be discrete related areas, for example family violence orders and victims of crime compensation, where it is possible for lawyers to acquire the necessary expertise.^[1]

• It is possible to explore models of pro bono practice that involve partnerships between pro bono lawyers and staff from community legal organisations working together using complementary skills.

Making the best use of the existing skill base

The generic skills of a typical lawyer, namely legal research and writing, fact-gathering, the ability to marshal persuasive arguments, advocacy and negotiation skills, combined with their particular specialist skills, can be used to assist individual people experiencing disadvantage or the community organisations that exist to assist them.

Lawyers are asked on a regular basis to undertake commercial legal work involving areas with which they are not familiar. Lawyers are able to do this because they know the framework of a particular area, where to look for detail and where to obtain support, including conceptual and strategic advice. Depending on the circumstances of the client’s case, the law may not be so complex that a competent lawyer with adequate time and access to appropriate support cannot readily provide useful assistance.

Lawyers who would not be comfortable doing pro bono legal work face-to-face with clients experiencing disadvantage in a clinic environment, or dealing with issues outside their area of expertise, can still be exposed to the issues facing people experiencing disadvantage by doing pro bono legal work that arises within their comfort zone. This is one of the advantages of working within a case referral model.^[2]

See Chapter 1.7 Current Models of Pro Bono Legal Work

It is also an advantage of working within a sessional secondment or supervised clinic model, where lawyers can do legal research or seek guidance from a community legal centre (‘CLC’) lawyer on the spot, and build expertise in otherwise unfamiliar areas of law.^[3]

In developing a pro bono practice, the firm could work from its existing skills base to identify ways in which it can use these skills to address important community needs. A clear match exists between the skills of lawyers working in corporate law firms and the needs of not-for-profit (‘NFP’) organisations themselves, which may include advice, drafting, negotiation or representation needs in areas such as tax, contracts, incorporation and governance, employment, intellectual property and government tendering. An emerging potential area for increased pro bono legal work is the possibility of providing legal support to social enterprises^[4] and community building activities.^[5]

Training

There are some areas of law that are so complex that the provision of adequate pro bono advice or representation will require an in-depth technical knowledge of that area of law and/or considerable experience in the relevant jurisdiction. Family law is a good example of an area where most lawyers will not have developed expertise during the course of commercial practice and where it is not practicable to acquire the knowledge in a few hours or days of training.^[6]

However, there are some areas of law of particular relevance to the legal needs of clients experiencing disadvantage where it is relatively easy for potential pro bono lawyers to build on their generalist skills with a modest amount of training. This training is often provided by community lawyers from CLCs or Legal Aid Commissions. For example:

• (2022) The Redfern Legal Centre in Sydney provides training to pro bono lawyers assisting in its Financial Abuse Service NSW. That training covers the substantive financial law in issue and also the necessary interpersonal skills required to best support those seeking help who have often been subjected to trauma and abuse.

• (2022) Lawyers from Street Law in the ACT provide training to pro bono lawyers on working with disadvantaged clients in a range of settings including government agencies and private firms. The training involves practical insights into issues to which lawyers working with largely commercial or government clients would not normally be exposed. They also provide practical training modules to other stakeholders in the community and legal assistance sectors to assist with identifying and addressing legal issues that affect disadvantaged members of the community.

Some firms organise training for their lawyers to participate in particular pro bono services, for example, to provide advice and assistance at a CLC or at some other community advice clinic,^[7]or to provide assistance in a particular area of law, such as, migration law.  Firms may make their pro bono training available to lawyers in other firms, as well as to their own lawyers.

For more case studies see What Works, Chapter 21 Outreach and Chapter 22 Secondments.

An advantage to the lawyers and their firm is that by participating in training to equip them for pro bono legal work, as well as by actually doing the work in an area in which they do not usually practise, they can develop important transferable legal skills (for example, in communication and representation) and take the knowledge and skills they have gained back to their firm.^[8] Other areas in which training can assist a pro bono practice include:

• client interaction, including interviewing and communication, challenging behaviour and divergent expectations;
• the legal aid system, including eligibility for legal aid, and the role of CLCs, key referral agencies and welfare and other client support services; and
• matter debrief or ‘lessons learnt’ sessions which can help inform participants in the firm’s pro bono practice about a variety of issues including the needs of particular client groups and helpful approaches to certain matter types.

More information and examples about managing the cultural differences between CLCs and law firms to enable them to work well together is provided in What Works, Chapter 12 Community Legal Centres.

Another advantage of participating in training with community legal organisations is the collaborative relationships that can be developed. The training programs referred to above frequently use staff from CLCs, Legal Aid Commissions and other organisations, such as welfare rights, consumer credit and other legal centres and tenancy advice services, to act as trainers. Given the limited resources of these community organisations, cooperative inter-firm training programs are highly desirable.

These relationships can also be forged when firms or practitioners provide legal skills training to lawyers in community legal organisations in areas such as statutory interpretation, consumer credit and contracts. This leverages a firm’s expertise to assist community legal organisation lawyers with practical issues which confront them, while benefiting lawyers who may have limited resources to attend external training sessions but need to ensure they are kept up to date with new developments in case law and legislation.

For more information about firms providing training to community organisations, see What Works, Chapter 29 Community Legal Education.

Complementary partnerships

Partnerships between pro bono lawyers and the community sector or Legal Aid Commission lawyers can involve an exchange of skills and knowledge, enabling pro bono matters to be taken on that would otherwise be difficult.^[9] Such arrangements could involve firms providing research support or case mentoring to lawyers based in a community organisation or a Legal Aid Commission with the conduct of a matter,^[10] or could involve some kind of co-counsel arrangement.^[11]

A lawyer from a community legal organisation with good technical knowledge of an area of law (as well as the other skills of a Legal Aid Commission lawyer) could benefit from a partnership with an experienced litigator. Alternatively, the strengths of the firm and CLC could be applied to different stages of a matter. For example, in one case, a CLC acted and obtained certain orders for a client in an area of law in which they had expertise. The firm then assisted the client with the enforcement of those orders.

If a CLC is looking to develop a new practice in an unfamiliar area of law, a firm with expertise in that area could partner with the CLC to provide training to CLC lawyers and to the firm’s lawyers who are seconded to the practice.^[12] For a case study on firms providing full-time/long-term support to CLCs, see What Works, Chapter 22.5.2 Kingsford Legal Centre and Herbert Smith Freehills.

In the co-counselling model, firms and CLCs work together to undertake public interest litigation either for an individual client or as a law reform initiative. Typically, the CLC does the initial work establishing the merits of the case or issue and maintains the client relationship. The firm may then give written advice, do background research and draft court documents as required. The firm or the CLC (or both) may be on the record. In this way, the pro bono provider increases the capacity of a community legal organisation to address unmet legal need by undertaking public interest litigation, with a contribution of expertise, skills and other resources. While there are some clear benefits to this partnership model, there are also limitations.^[13]

1.14.2 WORKING WITH CLIENTS WHO ARE ABORIGINAL AND TORRES STRAIT ISLANDER PEOPLES

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Aboriginal and Torres Strait Islander peoples are culturally, linguistically and geographically diverse. Pro bono lawyers and practices engaging with Aboriginal and Torres Strait Islander clients should be sensitive toward their clients’ societal, cultural, historical and linguistic attributes in order to provide culturally safe, trauma-informed and, therefore, effective legal assistance services.

Lawyers engaging directly with Aboriginal and Torres Strait Islander clients through pro bono work should be mindful of the following: ^[14]

• Respect and recognise the diversity of Aboriginal and Torres Strait Islander cultures. This includes learning about and being aware of different cultural practices; for example sorry business, men’s business and women’s business, and kinship systems. Different Aboriginal and/or Torres Strait Islander peoples may also prefer the use of different terminologies. Often, but not always, this is locally informed. This strengthens the necessity of knowing the communities that legal professionals are endeavouring to serve;^[15]
• Be mindful that Aboriginal and Torres Strait Islander peoples often have had experiences of the justice system personally or through someone close to them. These interactions may have resulted in deep, intergenerational mistrust of government and justice system officers, which could include lawyers; ^[16]
• Be mindful that many Aboriginal and Torres Strait Islander peoples often may be affected by inter-generational trauma resulting from individual or community experiences. This includes experiences of direct and systemic discrimination, racism, separation from Country, being stolen by the State from their families, and personal experiences of violence and abuse. Take a trauma-informed approach in the delivery of services; ^[17] and
• Recognise that providing a quality service to Aboriginal and Torres Strait Islander clients involves taking into account differences in communication. Further detail is provided regarding communication below.

From the perspective of a law firm seeking to develop a pro bono practice involving Aboriginal and Torres Strait Islander clients, the following should also be considered:

• Engage expert advice before designing a pro bono practice involving Aboriginal and Torres Strait Islander clients;
• Aboriginal and/or Torres Strait Islander peoples should be central in the design process of work/programs intended for the benefit of Aboriginal and/or Torres Strait Islander peoples;
• Aboriginal and/or Torres Strait Islander work should be led or guided by Aboriginal and/or Torres Strait Islander peoples.
• Employ or engage Aboriginal and/or Torres Strait Islander consultants during the development of Aboriginal and/or Torres Strait Islander work to better ensure that elements of cultural safety are satisfied;
• Ongoing cultural learning is the foundation upon which work with Aboriginal and Torres Strait Islander peoples is built. Employ Aboriginal and/or Torres Strait Islander peoples to deliver training as a continual piece of professional development, or to work in concert with the development of the pro bono practice. Training can also be tailored to better suit the goals or purpose of the pro bono work;
• Be mindful that it takes time to build trust with Aboriginal and Torres Strait Islander clients. Appropriate consultation should be taken to build this trust where required; and
• Form an Aboriginal and Torres Strait Islander academic/knowledge library to ensure that diversity of thought from Aboriginal and Torres Strait Islander peoples is observed. Attempts at homogenising Aboriginal and Torres Strait Islander peoples is a device of assimilation;
• Be involved in establishing or refreshing a Reconciliation Action Plan (RAP) or a First Nations strategy for your firm or organisation to ensure a culturally safe legal service for Aboriginal and Torres Strait Islander clients;^[18] and
• Working with Aboriginal and Torres Strait Islander community-controlled service providers can be an effective way to overcome access to justice barriers faced by Aboriginal and Torres Strait Islander clients.^[19] More information on Indigenous Legal Organisations can be found in Chapter 3.2 of the Manual.

Communicating with Aboriginal and/or Torres Strait Islander clients

There is no universal Aboriginal and/or Torres Strait Islander language. Aboriginal and Torres Strait Islander peoples are linguistically diverse, and may ascribe meanings to English words which differ from the meanings understood by non-Indigenous English speakers or speak English as a second language. Law societies in different states and territories have developed best practice guides for encouraging effective communication with Aboriginal and/or Torres Strait Islander clients. A few key points from these guides have been summarised below: ^[20]

• Language – Use plain English to the greatest extent possible, especially when explaining your role, legal or court processes that may involve a great amount of “legal-speak”. Be aware that English words used by Aboriginal and Torres Strait Islander peoples may have different meanings to those used by non-Aboriginal and Torres Strait Islander people.^[21] Culturally-based assumptions also influence the way language is used. For example, assumptions made regarding finding out information and conflicting information differ between those used at work in the legal process and those used by Aboriginal and Torres Strait Islander peoples.^[22]
• Non-verbal communication – Be aware that there are several differences between Indigenous and non-Indigenous non-verbal communication. For example, sustained eye contact is considered disrespectful in Aboriginal and Torres Strait Islander culture but may be seen as disengaged or as an admission of guilt by non-Indigenous people. Allow for silences and longer pauses, and consider that some gestures carry meanings;
• Cultural protocols – Be mindful of differences in culture and protocols of respect, which can vary from community to community. For example, many Aboriginal and Torres Strait Islander clients have kinship systems which imply how they act toward each other in particular circumstances. Another example is of avoidance relationships, which are a positive relationship often accompanied by a sense of deep respect. For example, a mother-in-law/son-in-law avoidance relationship obliges them to avoid speaking directly to one another;
• Gratuitous concurrence – Gratuitous concurrence is when a person appears to assent to every proposition you put to them even when they do not in fact agree. For many Aboriginal and Torres Strait Islander peoples, using gratuitous concurrences during a conversation may be a cultural phenomenon to build relationships. It can also be a way of avoiding potential ‘shame’ associated with not understanding what is being said, or as a way to finish the interaction as soon as possible. Lawyers should learn to watch out for the non-verbal cues of gratuitous concurrence in order to manage and ensure their client’s understanding;
• Disability and health conditions – The 2021 census found that 43% of Aboriginal and Torres Strait Islander peoples have at least one chronic condition,^[23] and the 2018 Survey of Disability, Ageing and Carers indicated that almost one in four Aboriginal and Torres Strait Islander people have a disability.^[24] This includes hearing issues, cognitive impairments or other health conditions which may impair a client’s ability to meaningfully participate in the court and legal process. Lawyers should be cognisant of the impact of these disabilities and make arrangements for accommodating them; and
• Time – While emphasis is placed on meeting deadlines and schedules in many Western or non-Indigenous cultures, more value is placed on meeting family responsibility or community relationships in the perception of time amongst Aboriginal and Torres Strait Islander cultures. Understand the different legal and non-legal priorities which your clients may have, allow more flexibility in consultation times, and inform clients of significant dates in advance.^[25]

The Law Societies of the Northern Territory and Western Australia provide a set of six protocols to assist communications with Aboriginal and/or Torres Strait Islander peoples. These are:^[26]

1. Assess whether an interpreter is needed before proceeding to take instructions;
2. If required, engage the services of a registered, accredited interpreter. Some states and territories have different interpreting services which can be engaged including:
   • For the Northern Territory, the Aboriginal Interpreter Service (AIS);^[27]
   • For Western Australia, Aboriginal Interpreting WA (previously the Kimberley Interpreting Service);^[28]
   • For South Australia, the Aboriginal Language Interpreting Service (ALIS);^[29] and
   • For other states and territories, and for any further support with connecting to an Aboriginal and/or Torres Strait Islander interpreter, contact the National Accreditation Authority for Translators and Interpreters (NAATI). NAATI also provides a directory of independent accredited and certified Indigenous interpreters across Australia.^[30]
3. Use ‘plain English to the greatest extent possible.
4. Explain your role to the client;
5. Explain the relevant legal or court process to the client prior to taking instructions; and
6. Assess your client’s ability to understand.

The following list contains further resources about working with Aboriginal and Torres Strait Islander clients:

Best practice guides and protocols for lawyers working with Aboriginal and/or Torres Strait Islander clients

• Indigenous Issues Committee of the Law Society of New South Wales, Working with Aboriginal and Torres Strait Islander Clients Resources for solicitors in NSW (2021), found here;
• Law Society of South Australia, Lawyers’ Protocols for Dealing with Aboriginal Clients in South Australia (Third Edition 2020, 2 March 2020), found here;
• Legal Aid Commission of NSW, Best practice standards for representing Aboriginal clients (2020), found here;
• Legal Aid Queensland, Lawyers working with Aboriginal and Torres Strait Islander clients (2016), found here;
• Law Society Northern Territory, Indigenous protocols for lawyers (Second Edition, 2015), found here; and
• Law Society of Western Australia, Protocols for Lawyers with Aboriginal or Torres Strait Islander Clients in Western Australia (2015), found here; and
• ACT Law Society, Working with indigenous clients (Web Page, 2021), found here.

Other materials providing guidance for working with Aboriginal and/or Torres Strait Islander clients more generally (not just for lawyers)

• Larissa Behrendt, Chris Cunneen, Terri Libesman, Indigenous Legal Relations in Australia, (Oxford University Press, 2008);
• Australian Institute of Aboriginal and Torres Strait Islander Studies, AIATSIS Code of Ethics for Aboriginal and Torres Strait Islander Research (2020), found here;
• Australian Government Department of the Prime Minister and Cabinet, Communicating with Aboriginal and Torres Strait Islander Audiences (23 February 2016), found here;
• Queensland Health Cultural Capability Team, Aboriginal and Torres Strait Islander cultural capability (September 2015) , found here;
• Australian Government Department of Prime Minister and Cabinet, Commonwealth Protocol Fact Sheet 1: Indigenous Language Interpreting Services, found here; and
• Victorian Public Sector Commission, Aboriginal Protocols (Web Page), found here.
• Community Legal Centres NSW, Aboriginal Cultural Safety Workbook, found here.

This sub-chapter was reviewed in 2022 by the Australian Pro Bono Centre; Trent Wallace, First Nations Lead and solicitor at Ashurst; and Zachary Armytage, Aboriginal Legal Access Program Coordinator from Community Legal Centres NSW. The Centre acknowledges and is grateful for the generous contributions of all those who assisted with the 2022 refresh of the Australian Pro Bono Manual.  

1.14.3 WORKING WITH CLIENTS WITH CULTURALLY AND LINGUISTICALLY DIVERSE BACKGROUNDS

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The phrase ‘culturally and linguistically diverse’ (‘CALD’) is a broad term used to describe communities with diverse languages, ethnic backgrounds, nationalities, traditions, societal structures, and religions.^[31] Factors such as country of birth, language spoken at home, English proficiency, ethnicity and cultural background are often used to determine a person’s CALD status. For the purposes of this chapter, CALD is used to refer primarily to people who are born in non-English-speaking countries, and not of Indigenous status. ^[32] For guidance on working with clients who are Aboriginal and/or Torres Strait Islander peoples, please refer to Chapter 1.4.2 Working with Aboriginal and/or Torres Strait Islander Clients above.

This sub-chapter provides a general guide to matters lawyers should keep in mind when working with pro bono clients who are culturally and linguistically diverse (‘CALD clients’), and strategies to deliver culturally safe and effective legal services. Please note that ‘CALD’ is a very broad term and that there will be differences between different CALD communities. Lawyers should take the time to research, listen, learn and train to improve their understanding of the specific group of CALD clients with whom they are working.  Attempts to homogenise, stereotype or make wide-spreading assumptions about CALD clients can lead to ineffective service delivery.

The first half of this chapter introduces conceptual frameworks for better understanding and embracing cultural and linguistic differences. These are important first principles for building an informed and nuanced approach for working with CALD clients. The second half of this chapter provides practical tips for working with CALD clients, including strategies for communication and for building a culturally safe and inclusive practice.

Understanding and embracing cultural and linguistic differences

The culture you were raised in is probably the one with which you feel most comfortable. You understand the ‘rules’. This does not mean it’s ‘the best’ or ‘the only’ way people should behave. A ‘different’ culture does not mean a ‘lesser’ one.^[33] Having an understanding as to the differences in culture can allow better understanding, communication and rapport building between client and lawyer, thus also allowing for more effective delivery of legal services. While not much research or guiding material has been published in relation to intercultural communications with CALD clients in the field of law, sources from other disciplines provide useful guidance. Edward Hall’s model of low-context and high-context cultures, for example, is one of the dominant theoretical frameworks that has been used for interpreting intercultural communications and how people in a culture relate to one another.^[34]

According to Hall’s model, the cultures in the world can be placed on a scale from high to low context, with context referring to the information that surrounds an event.

A high context communication is one in which very little is in the coded, explicit, transmitted part of the message. Rather, high-context communication employs indirect verbal expression and implication embedded in non-verbal communication that the listener is expected to figure out by taking into account the context.

In contrast, low-context communication involves the mass of information being vested in the explicit code, and thus emphasises direct and explicit information exchange in which the audience does not need to take into account context to decode the meanings being communicated.^[35]

While cultures cannot be classified as exclusively high or low context, cultures that tend toward the higher end of the continuum include most Asian (e.g. China, Korea and Japan), Arab, Mediterranean (e.g. Greece, Spain and Italy), African and South American cultures. On the lower end of the spectrum sits Australian, English, North American, Scandinavian and other North European cultures. The concept provides a summation of how people in a culture relate to one another, and assists with understanding the differences of communication in each culture. ^[36]

The difference between high and low context cultures can impact communications for the purpose of legal service delivery in a variety of ways. Accordingly, it is important to find the appropriate level of context in each situation. For example:

• a high-context culture person can become impatient and irritated when low-context people insist on giving them information they don’t need. Conversely, low-context people can be at a loss when high-context people don’t give enough information. ^[37]
• In conflicts, studies indicate that high-context culture people prefer implicit communication codes, point-logic style, intuitive-affective rhetoric and ambiguous, indirect strategies. High-context culture people also tend to be more conflict-avoidant and maintain social harmony and social norms, often through repressing self, ignoring or withdrawing from a conflict. Disagreements tend to be expressed in a more roundabout manner, and public disagreement can be linked to the loss of control of ‘losing face’. Comparatively, low-context culture people prefer to resolve conflict with more explicit, direct communication codes, time-logic style, rational-factual rhetoric and open, direct and solution-focused strategies. Low-context culture people are also more likely to use a dominating conflict style, where one puts individual interests ahead of others.^[38]
• High-context culture people tend to have a greater emphasis on relationships, bonds, and thus also a greater emphasis on conformity and group orientation. On the other hand, low-context cultures do not feel bound to social orientation and community in the same way.^[39]

While the high-context versus low-context continuum won’t always perfectly encapsulate communication styles in each culture, this can act as an objective model to keep in mind during intercultural communications where styles may conflict.

The below case study illustrates some examples of how high versus low-context culture communication styles may impact the delivery of legal services.

Case study 1:

A client from a high-context culture is receiving pro bono assistance from a lawyer regarding debts he wishes to recover in a civil dispute he is having with an aunt, which has accrued over many years. The lawyer, however, has difficulties obtaining evidence of these debts owed by the client. The lawyer also feels frustrated by the lack of explanation as to why the client never brought the issue forward over such a long period of time and begins to doubt the truthfulness of the client’s claims.

However, once the lawyer takes the time to build rapport with the client and to provide explanations of the evidence required, the client reveals further evidence that they had not brought forth sooner as it is considered taboo in the client’s culture to ‘air your family’s dirty laundry’. It is also deemed impolite in the client’s culture to keep track of money transactions within the family. They had also felt ashamed to bring up some matters with a lawyer, considering the power dynamics between lawyer and client, and had not realised the importance of this evidence for substantiating the legal claims as a layperson.^[40]

Case study 2:

A pro bono lawyer is giving a client from a migrant background advice on next steps to take through an interpreter. The client says yes, he understands all of the advice, but when the lawyer asks the client to re-summarise the advice to him, the client fails to understand key aspects of the advice. Afterwards, the lawyer realises that he may have used specific legal or Australian-specific jargon that the client did not understand. Some factors to consider in this case are the client’s level of understanding of English, their level of understanding of Australian systems, trauma which the client may have experienced that impacts their ability to understand advice being given on a difficult scenario and the disparity in power between lawyer and client that may result in the client not feeling comfortable enough to voice up when they did not understand a particular piece of advice.^[41]

Concluding remarks

Cultural differences in communication do not mean that we should not attempt communication, or that we should be hesitant in broaching that difference. Rather, best practice often is to be aware of and embrace the cultural and linguistic differences. Knowing how to listen, learn and adjust to the other person’s communication style is important. It is okay if mistakes or miscommunications occur, as long as one takes the time to work through and learn from them. Frustrations with inefficiency in communication should be understood as objectively arising from differences between both the client and the lawyer’s backgrounds, as opposed to being subjectively ascribed to the client being a ‘difficult, untrustworthy client’ or a ‘poor communicator’.

Communicating with clients of culturally or linguistically diverse backgrounds

The following are some suggestions for working effectively with clients who are CALD:^[42]

• If possible, do some prior research to understand the client’s community profile, such as their country’s history, population, ethnic groups, religion, traditions, beliefs and attitudes. Data on community profiles and cultural and religious information can be sourced from State or local government agencies.
• Consider the practical implications of that research. For example, it may not be appropriate to provide food catering to a meeting with a client who is observing Ramadan.
• Be aware of differences in languages and dialects when choosing an interpreter (more details below). For example, while it may be an easy mistake to assume some languages are similar enough (e.g. different Kurdish or Chinese dialects), the difference in dialect can create significant language differences for clients.
• Be welcoming. Try and build rapport with the client through engaging in a culturally relevant manner, such as learning to use basic, common greetings in the client’s own language, and pronouncing the client’s name correctly. Give consideration to the appropriate way of addressing the client. Always use titles at the first meeting and ask the client how they prefer to be addressed.
• Create a comfortable environment for the client. For example, organise the seating so that you as the lawyer sit beside the client and not at the end of a long table away from the client.
• Use plain English and short sentences, avoiding unnecessary legalistic language or use of acronyms. Speak clearly and, if necessary, pause between segments or sentences to allow time for understanding. If necessary, repeat key concepts. Do not raise your voice or speak loudly.
• Check the client has understood what has been said, for example by asking an open question, such as ‘What is your understanding of the discussion so far?’
• Be aware that cultural differences exist, for example maintaining eye contact may not be appropriate in all cultures or physical contact, such as shaking hands, may be an unfamiliar custom.
• Be prepared to spend longer in an interview than you anticipated.
• Whenever possible, provide written information in the language preferred or best understood by the client.

Creating a culturally safe environment for culturally and linguistically diverse clients

Some general pointers to build a culturally safe environment for CALD clients include:^[43]

• Be aware of unconscious biases you may have toward a certain race, culture or language.
• At the workplace, consider inclusive practices and building an inclusive team. Diversity in pro bono lawyers can allow for better services for a diverse client group.
• Being anti-racist involves active actions. Passive non-exclusion is insufficient. One has to be actively inclusive to create a culturally safe environment for CALD clients.
• Be aware of how microaggressions can arise whether intentionally or unintentionally. Microaggressions are defined as the everyday, subtle, interactions or behaviours that communicate some sort of bias toward historically marginalized groups. For example, commenting that someone’s English is very good despite their upbringing in a different country may appear to be a compliment, but form a type of microaggression as to suggest to someone that they should be less capable due to not being raised in the same country.
• Be patient with differences.

Other considerations

Difficulties with identity documents

Be aware that cultural, societal and linguistic differences may complicate simple factors and processes that those born and raised in an Anglo-Australian culture may not experience. For example:

• The first name-last name format is an Anglo-western format that many non-Anglo cultures may not follow. This may result in additional complications for processes that require the proving of identity documents;
• A client may also have different spellings of their name across different identity documents, based on inconsistent translations provided by different interpreters who have assisted them at each stage;
• Different communities may also use different calendar systems, which may impact on factors such as birthdates or the understanding of key dates. For example, certain cultures follow the lunar calendar as opposed to the Roman calendar. Again, this may complicate processes which require, for example, having consistent birthdates across identity documents;
• Using interpreters and translators on evidence in another language may also result in miscommunications, or loss of some contextual meanings or non-verbal cues. See 1.4 – Working with Interpreters for more information.

Vulnerabilities of clients from migrant backgrounds

Keep in mind that CALD clients who are migrants may be more vulnerable to exploitation due to their visa status or unfamiliarity with the legal system. Clients from migrant backgrounds may not have a strong understanding of the law or legal system in Australia. The effect is that they may find it extremely confronting to be speaking to a lawyer, or have more difficulty understanding the legal system. Be patient and spend more time explaining legal advice to CALD clients to ensure that they have understood the advice being provided.

Creating pro bono practices impacting culturally and linguistically diverse clients

Practices impacting culturally and linguistically diverse clients need to be designed with such communities. As economist Amartya Sen explains: ‘there is a difference between ‘nannying’ an individual’s choices and creating more opportunity for choice and for substantive decisions for individuals who can then act responsibly on that basis’.^[44] In other words, consultation with the beneficiaries of pro bono work is necessary to ensure meaningful and truly impactful pro bono work. Practices that have been initiated without consultation or participation by the group affected by the practice often lack legitimacy and authority and can do more harm than good.

This sub-chapter was reviewed in 2022 by the Australian Pro Bono Centre; the pro bono team at Norton Rose Fulbright, headed by Chris Owen; Ying Yi Lim, a secondee to the Centre and Chris Yoo from Genesis Capital. The Centre acknowledges and is grateful for the generous contributions of all those who assisted with the 2022 refresh of the Australian Pro Bono Manual.   

1.14.4 WORKING WITH CLIENTS REQUIRING INTERPRETER SERVICES

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When working with clients who are culturally and linguistically diverse, prior consideration ought be given as to whether an interpreter is necessary. If possible, try and ascertain before your initial meeting the level of a client’s ability to communicate in English and what language is spoken by the client. This can involve simply asking the client: “Would you like to use an interpreter?” and confirming what language or dialect interpreter they may require.

Sometimes, if a client declines to use an interpreter but you assess them as being someone who would benefit from communicating with an interpreter to assist the delivery of legal services, do not be afraid to implement the use of an interpreter. For example, you can say: “It is our protocol to use interpreters to assist with our conversation. Would you be comfortable with an [insert language] interpreter?”. If a client prefers, you can also have the interpreter sit in on the background of the call such that the conversation is still conducted directly between yourself and the client in English, but the interpreter can provide interpretation where you or the client indicate that it is necessary.

If language issues are identified, it is best practice not to use a friend or relative of the client to interpret (other than, for example, making an appointment). A relative or friend may attempt to add their own interpretation or explanation for a client’s answer or a lawyer’s question, which can compromise the process of taking instructions and providing advice. Especially in matters involving family dispute or where there is a power imbalance in the family, be aware this may result in undue influence or pressure on the client. A non-professional interpreter might also attempt to explain your legal advice, which may cause more confusion and inaccuracy.

A professional interpreter should always be used unless there is no practical alternative (for example, due to lack of communication facilities in a remote region, or urgency), and the pro bono budget may need to accommodate the cost of providing one.^[45]

This section discusses the availability of interpreters and provides some tips for working with interpreters effectively.

Accreditation of translators and interpreters

Generally, the term ‘translation’ is in reference to text or written word; while ‘interpreting’ is in reference to orally spoken languages.

The National Accreditation Authority for Translators and Interpreters (‘NAATI’) is an Australian association which attempts to establish professional standards for interpreters and translators. NAATI accreditation can be obtained by passing a NAATI test or by completing studies at an approved Australian institution.

The levels of accreditation with NAATI include:

• Certified Translator;
• Certified Provisional Interpreter;
• Certified Interpreter;
• Certified Specialist Health Interpreter;
• Certified Specialist Legal Interpreter; and
• Certified Conference Interpreter. ^[46]

National and state-based services

There is a national interpreter and translating service available throughout Australia called  the Telephone Interpreter Service National (‘TIS National’). It provides limited free interpreters to community agencies. Individuals and private businesses can access TIS National but will be charged with costs depending on the type of interpreting service. ^[47] TIS National offers immediate phone interpreting, and an Automated Telephone Interpreting Service (’ATIS’), the phone numbers to which can be found listed on their website here. TIS National has panels of interpreters in languages listed on the TIS website here who are available 24 hours a day, every day of the year. These interpreters are linked by telephone to the client. TIS National can also provide on-site interpreters through the TIS Online automated on-site booking system, for a fee.

There are also State-government-based agencies that provide interpreting services.^[48] They usually charge private businesses for their services. In most States and Territories, CLCs have arrangements for interpreters to be provided for free for certain legal issues.

In addition to the National and State based services, there are  private interpreter and translation services available, which are often competitively priced. Costs may be recoverable through disbursement assistance schemes. (See Chapter 1.12.4 Disbursement assistance)

Courts’ and tribunals’ provision of interpreters

The law has generally recognised that criminal defendants have the right to an interpreter, and courts will organise and pay for interpreters, where needed, in criminal matters.

The provision of interpreters by courts and tribunals in civil matters is less certain. In the Federal Circuit Court, the Court will pay for interpreters assessed to be essential, when their engagement is authorised and booked by court staff. The Court will not pay for an interpreter booked by a barrister or lawyer, nor for a preferred interpreter selected by a lawyer in addition to an interpreter provided by the Court. Where a lawyer considers that the services of an interpreter may be required and the client is unable to pay for the interpreter, the lawyer should request the Court authorise and book the services of the interpreter.^[49]

Some tribunals, for example the Administrative Appeals Tribunal, and the Federal Court may organise for interpreters where one is needed but the individual cannot afford to engage one.

If an interpreter is necessary in a particular case, pro bono lawyers should raise this in advance with the particular court or tribunal to see whether the service will be provided. In some courts clients will have to organise and pay for interpreters themselves.

Using interpreters

Using interpreters effectively is a skill. Lawyers, paralegals and administrative workers should be trained in using interpreters. The TIS National website contains tips for how to effectively use interpreters.^[50] Some key points to remember are:^[51]

• Use professional, trained interpreters where possible, not family members or friends as this may cause conflict and confuse matters.
• If the case is of a sensitive nature, such as an interview relating to sexual assault or incest, ensure that an interpreter of appropriate gender, cultural or religious background is provided.
• Brief the interpreter before the interview about the nature of the case, the duration of the call and the purpose of the interview. Decide in advance whether consecutive or simultaneous interpreting will be used.
• Always confirm the language being used for interpreting at the start of the call with the interpreter, for example by saying: “I require a [insert language] interpreter for my client today.”
• Arrange the seating to enable direct communication between you and the client. Frequently a triangular arrangement will be effective.
• At the beginning of the interview you should introduce yourself and the interpreter and explain the role of each and how the interview will be run. The client may be reassured to know both you and the interpreter are bound by client confidentiality, and will not share their information to anyone else without the client’s permission.
• Where a client comes from a small community, they, or their associates, may know the interpreter. It is therefore vital that the interpreter is reminded of and fulfils their duty of confidentiality.
• Speak in the first person to the client and use ‘you’ when referring to the client. For example, ‘Please tell me what you did next …’. Remember that it is your role to manage the client, not the interpreter’s.
• Maintain eye contact with the client if this is culturally appropriate.
• Use short sentences and allow time or appropriate pauses for the interpreter to interpret.
• Avoid any legalese, jargon or slang.
• Do not speak louder when using interpreters; speak slowly and naturally.
• Ask the client to repeat back to you (through the interpreter) their understanding of what has been said to ensure that they understand.
• Stop the interview if the interview is not working and go over how to use interpreters with the client or interpreter. If an interpreter becomes hostile or too difficult to work with, sometimes the best outcome for all parties can be to end the call and obtain a new interpreter.

This sub-chapter was reviewed in 2022 by the Australian Pro Bono Centre and a secondee from the pro bono team at Norton Rose Fulbright, headed by Chris Owen. The Centre acknowledges and is grateful for the generous contributions of all those who assisted with the 2022 refresh of the Australian Pro Bono Manual.  

1.14.5 WORKING WITH CLIENTS WITH DISABILITIES

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Some clients with disabilities may require adjustments or specialist assistance when working with a lawyer.

What is a disability?

Disability is most appropriately discussed in the context of the social model or human rights model. That is that the disability “is the result of the interaction between people living with impairments and an environment filled with physical, attitudinal, communication and social barriers”^[52]. The human rights model is based on basic human rights. It recognises that:

• Disability is a natural part of human diversity that must be respected and supported in all its forms;
• People with disability have the same rights as everyone else in society; and
• Impairment must not be used as an excuse to deny or restrict people’s rights.”^[53]

Understanding client access needs

When we operate under the social model or human rights model of disability, we do not focus on the impairment and so do not think in terms of physical disability, sensory disability or intellectual disability as we have done in the past. While it is acceptable to identify a person’s impairment, your focus must be on how your client can access your legal service.

To ensure your service is accessible and as inclusive for clients with disabilities, consider:

• Wheelchair/mobility access, such as accessible reception counters and ramp access.
• Accommodations for people who are blind or have a vision impairment, such as signage in appropriate print size, consistent lighting across paths of travel and documents available in accessible formats.
• Accommodations for people who are hard of hearing and deaf, such as hearing loops, spaces with low background noise and access to the National Relay Service.
• Accommodations for people who are neurodivergent, such as calm spaces, social narratives and flexible meeting options.
• Accommodations for neurological disorders, such as staff training on alternative communication devices, non-slip floor surfaces and spaces that are well-lit and prevent glare.^[54]

For further assistance and information, some state or territory-based law societies have produced guides on ensuring disability inclusive services. For example, the Law Society of South Australia’s Referral Service provides a complete checklist on accessibility features that reflect best practice, that has been developed in consultation with advocacy groups and people with lived experiences.^[55] The Law Society of New South Wales has also produced a guide on creating a disability inclusive workplace, which can be found here.^[56]

Legal competence and cognitive capacity

It is acknowledged that questions of capacity can disproportionately be faced by people with intellectual disabilities and cognitive impairments. Prima facie, lawyers must ensure that they are responding to a genuine concern of a lack of capacity and not simply on the basis of the person’s diagnosis or impairment. Information about specific disabilities can be accessed through various sources, for example, Mental Health Australia, Dementia Australia and the Council for Intellectual Disability.

Working with clients with a disability affecting cognitive capacity

The presumption is that a person has capacity. We must be mindful that a client’s presentation may raise concerns of capacity but in fact, are simply impacts of their disability and, when accommodated, can resolve any concerns held by the lawyer. Some manifestations of disability to look out for so that they can be accommodated before determining a person’s capacity (or lack of) include:

• The client may take longer to learn things, especially new information;
• They may have difficulty understanding abstract concepts;
• They may have difficulty reading and writing;
• They may have a short attention span and might be easily distracted;
• They may find it difficult to understand complex questions and instructions;
• They may communicate in different ways;
• The client may find it difficult to maintain eye contact; and
• The client might find it difficult to adapt to new situations.

If you are concerned that a person with disability may not have capacity to provide you with instructions, give evidence or make decisions about the progress of their matter, it is imperative that you provide adjustments needed to create a level playing field for the client. You may wish to consult a disability rights lawyer to work through what accommodations may be needed.

At the outset of an engagement, you must take the time to properly understand your client’s disability and how the legal service can be accommodating of that disability. You should be informed by the client, their support person (usually a family member or trusted friend) or advocate as to what accommodations can be put in place to ensure that the client can access the service equitably.

Client interviews and speaking on the phone

When speaking to or taking instructions from a client who requires communication assistance, the following strategies might assist:

• Allow additional time for interviewing your client.
• Select a quiet, private area free of distractions and interruptions.
• Allow the person to tell their story, saving questions until the end.
• Don’t interrupt or finish the person’s sentences for them.
• Use open rather than leading questions.
• Use simple words and sentences — one idea at a time.
• Avoid abstract concepts and don’t use jargon.
• Check whether they understand by asking them to repeat the information in their own words or by asking follow-up questions.
• Be aware that the client may need more breaks.
• Be aware that the client may not wish to identify as having a disability. The client might give a false appearance that they understand what is being explained to them.
• Be observant of the client’s non-verbal behaviour.
• Allow, where appropriate, the client to have their support person or advocate present.
• Be respectful in communication and respect that the client is the expert in their lived experience of disability.

Writing letters to the client

Where the client has difficulty reading, information contained in any letter can be communicated in person or on the phone (see Communication below).

Client agreements can be presented in a format that assists understanding, for example, by:

• using at least 14 or 16 point type;
• using line spacing of at least 1.5;
• using a clear and easy-to-read font;
• using short sentences and short paragraphs;
• using headings;
• writing in point form;
• using plain English and everyday words; and
• including only necessary information in the letter.

Support persons

A client with disability may bring a support person with them to an interview or to court. A support person is typically a family member, trusted friend or independent disability advocate. It is rarely a paid support worker. Care should be taken by the lawyer to ensure that the person with disability is not experiencing undue influence in the relationship.

One of the roles of the support person is to assist the client in communicating with other people or to assist with their general participation (for example, accessing the building or having a drink while they are there) but it is important for lawyers to speak directly to the client and not the support person. A support person can reinforce the issues discussed with a lawyer through the stages of the court process and can be invaluable in assisting the lawyer to communicate effectively with their client. They should be able to indicate when they believe the client does not understand what is being said or when the client needs a break. It may be appropriate in some circumstances to ask the support person to sign a confidentiality agreement.

Court appearances

Like with any client, it is important to explain the court process. If possible and if your client wishes to do so, to arrange for the client to visit the court room in advance of the hearing. If a person has a support person it may help to have them present at the hearing.

Clients who may lack capacity

If a client is unable to provide coherent instructions or make decisions about their matter even when provided with appropriate accommodations, they may have an incapacity. In this case, an administrator needs to be appointed to make legal decisions for them. You may refer the client and their support person to the state or territory Civil and Administrative Tribunal for assistance with obtaining this order, if it is not your area of expertise.

In some courts, a litigation guardian can be appointed to resolve this issue. Appointing an administrator to a person should be approached as a last resort due to the serious human rights implications of removing a person’s capacity to make decisions.

Communication

Some people with disabilities use communication aids such as a voice synthesiser or a communication board. They will need to show the legal representative how to work with the aid and some may take longer to communicate than others. Time should be allowed for this in consultations.

Some people who are deaf will require an AUSLAN (Australian sign language) interpreter who will need to be arranged prior to consulting. The cost of the interpreter will most likely need to be covered by the legal practitioner or firm and should be taken into account in the pro bono budget. They may also need to communicate using a TTY (telephone typewriter) rather than a telephone or use text messages on a mobile phone. An alternative is the National Relay Service, a free Australia-wide telephone access service available to facilitate communication with people who are deaf or have a hearing or speech impairment.^[57]

Some people with complex communication needs may require a specialist interpreter known as a Communication Partner or Intermediary. These services will need to be arranged before the consultation and information can be sourced from the Disability Gateway.^[58]

It is important not to assume that people who have complex communication needs also have limited cognitive capacity.

Some people will require information in alternative formats such as large print, audio recording, Braille or a specific electronic format. It may be the responsibility of the legal practitioner to provide these alternatives.

Medication

If a person appears affected by medication or treatment, legal practitioners should ensure their communication with the client is effective to the extent that they are confident that they are acting according to the client’s instructions, and in the client’s best interests.

Access to courts and other venues

Physical access to a court or venue and access to information provided within these environments should be considered. The client should be asked if they have any particular access needs such as always having an accessible toilet facility nearby.

For further assistance

There are specialist CLCs and low-bono law practices in some States that work specifically with clients with disabilities. Lawyers from these services may be able to provide further information about working with clients with a disability. Contact Community Legal Centres Australia or the Law Society in your state or territory to find out the contact details of any such service in your jurisdiction.^[59]

This sub-chapter was reviewed in 2022 by the Australian Pro Bono Centre and Natalie Wade of Equality Lawyers. The Centre acknowledges and is grateful for the generous contributions of all those who assisted with the 2022 refresh of the Australian Pro Bono Manual.  

1.14.6 DELIVERING LEGAL SERVICES VIRTUALLY^[60]

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Virtual meetings can help to create a sense of normalcy in remote work environments and when connecting with a client, but of course there are important differences between in-person meetings and virtual meetings. Although many of the strategies are the same, additional considerations should be taken into account for virtual meetings, with alternative approaches for success. This includes simple steps such as scheduling and advance notice, clear planning with respect to scheduling, timing, and regularity. This section highlights good practices for the effective delivery of legal services via virtual platforms.

First and foremost, do not assume that your pro bono clients, colleagues, or collaborative partners will be able to use any particular platform. Before proposing a video conference or inviting others to a video conference, understand the requirements of the technology you propose to use (including bandwidth requirements) and your audience’s capabilities. In locations with low bandwidth, including remote areas or locations where many people share an internet connection with others, these platforms may not be workable.

Allow more flexibility with the selection and managing of communication methods for pro bono clients based on their specific circumstance. Some pro bono clients may not have the digital literacy or financial means to utilise videoconferencing platforms and emails, and thus request to speak over phone call or text. Others may prefer social media platforms such as Facebook messenger or Whatsapp that can be accessed via mobile phones on free open Wi-Fi networks, as opposed to incurring additional costs and charges when using mobile call and text.

Further considerations on whether it may be appropriate to deliver pro bono legal services electronically or in-person are outlined in Chapter 1.7.10 – Virtual models of legal service delivery.

Once a virtual platform has been decided upon, consider any additional issues relevant to the preparation and scheduling of virtual meetings:

• Provide advance notice of the virtual meeting to ensure participants are prepared and able to focus on the meeting;
• Take into account any differences in time zone differences; and
• While it is not always possible, be flexible in organising the timing of virtual meetings to find a time that works for all participants. For example, while one should generally avoid very early morning and late evening online meetings whenever possible, such timings may be more convenient for pro bono clients who are not able to take calls within regular office hours. This may be the case for clients who may not have the flexibility to take calls during work hours or clients who cannot afford taking time off work due to vulnerable financial or employment circumstances.

Additionally, there are other issues to consider when scheduling a virtual meetings with colleagues or clients who may be calling from a home environment. For example:

• People calling from home may not have the same dress code standards as attending an office environment. Advance notice is necessary so that all attendees can dress appropriately and feel comfortable in the online videoconference meeting;
• People calling from home may have family members that require attending to. Providing advance notice allows for a caregiver to make accommodations. Legal service providers should be very tolerant of caregivers. For example, if a child enters an online meeting, it is important that the parent be allowed to attend to the child’s needs;
• Participants will have differing at-home work environments. Some people have limited space and share the “home office” with others. Advance notice is important so that workers can coordinate use of working space;
• Confirm with the client whether they would like you to stop the conversation if you see someone enter the room on their end in order to ensure that they are fully comfortable. Understanding your client’s environment and possible risks, particularly in domestic violence and family matters, is critical and may warrant finding another means of communication; and

While it is acceptable for a client to speak to a lawyer in the presence of a support person, take precautions to ensure that the client is giving instructions based on their own understanding of the legal advice given. If you hear other voices on a call, check the identity of the other individuals present, and manage any potential risks in the client’s home environment.

Organisers should also consider whether, in addition to meeting for specific topics as needed, they will need to schedule regular, recurring meetings with their teams or with clients. Weekly or bi-monthly meetings with fellow team members can serve as useful “check-ins” in a remote office environment where there are fewer opportunities for co-workers to discuss smaller topics during everyday interactions at the office. This can be an important factor to consider for managing a team working on pro bono areas of law which may be unfamiliar or different from the usual day-to-day area of practice, or in work which engages with particularly vulnerable pro bono clients.

While structured check-ins can seem forced, they provide a sense of community and engagement, along with the opportunity for informal feedback. These check-ins can be combined with regular updates about the organization, projects, and support offerings such as trainings and counselling.

Remember that virtual meetings are merely another tool that can be used to enable communication, when appropriate, and bridge the gap between the typical office environment and remote work. Virtual meetings can work in tandem with other call, email, text or in-person communications, rather than replace them completely.

Confidentiality and privilege

When discussing confidential, privileged or sensitive information with a client or in an internal meeting, it is important that all participants are in a location that ensures that the conversation will not be overheard. If this level of privacy is necessary, participants should avoid public settings or, if that is not possible, participants should wear headphones so that others cannot hear. Participants should also avoid using public Wi-Fi when sharing confidential or privileged information where possible, as such networks are usually less secure and more susceptible to security breaches. If confidential information is going to be displayed, any participant in a public setting should close their laptop and dial in to audio-only mode using headphones. Participants can also consider using privacy screens, which are polarized plastic filters that can be attached to computer screens. These screens limit the visibility of a computer screen for anyone other than the user. Organisers should also be aware of whether there is the option to include a password to enter the online meeting or a code for added security.

Lawyers should take extra precautions such to ensure that pro bono clients understand the importance of confidentiality and privilege, for example, asking directly if the client is in a private space where the conversation will not be overheard. If you cannot communicate confidentially and privately, reschedule the online meeting for another time when all participants can join without being overheard and without potentially compromising confidential information.

Recorded meetings

Most of the online platforms allowing video or telephone conferencing offer the ability to record an online meeting. Organisers of internal online meetings (within your organization) should consider whether such meetings will be recorded. It can be useful to record a virtual session in the event that not all participants are able to join or if some members of your staff do not have reliable internet access. On the other hand, knowing that a meeting is being recorded can be intimidating.

Note that some jurisdictions may require that all participants be given advance notice of recording. Regardless of the rules in your jurisdiction, the best practice is to always provide advance notice. No one should be recorded without their knowledge and consent. Most online meeting platforms have built-in settings which can notify participants prior to joining that a meeting is currently being recorded.

Be aware that once a recording of a meeting is made accessible to others, the organizer loses some measure of control over who the recording is stored and shared with, and how the recording is utilised. Participants should be informed of the conditions under which the recording can be shared, if at all, beyond those who participated. Recordings can be shared via encrypted links on file sharing software such that a recording can only be downloaded or viewed online by those who the host chooses to provide access to.

Camera use – set expectations in advance

In many situations, it is best if all participants use their computer/mobile phone cameras to create a sense of community and engagement similar to an in-person meeting. However, most online meeting platforms also allow participants to join a meeting in audio-only mode and without the use of the camera. This function may be useful in large meetings such as community legal education seminars or large video conferences, where participant interruption may want to be limited to only allocated times in order for the presenter to most effectively deliver their materials. To avoid confusion as to whether participants or attendees will be expected to have their cameras turned on, whether turning on the camera is optional, or whether only the presenter will be on camera, online meeting organisers should make it known in advance whether participants are expected to turn on their cameras. Similarly, advance notice can be given to remind participants to stay on mute while a presenter is speaking.

Providing a dial-in option

Most virtual meeting platforms are internet-based. To accommodate participants who may have unreliable internet service, organisers of online meetings should consider providing a phone dial-in option to ensure that participants are not prevented from joining the meeting or participating. This is especially important where access to a reliable internet connection or certain technologies, such a laptop or smartphone, may be difficult. Virtual meetings have benefits, but the underlying reason for hosting such meetings is to enable communication. It is important to ensure that video conferences do not further isolate employees or clients due to lack of access.

Testing

Both participants and organisers should test these technologies ahead of time to ensure that any issues are resolved before a meeting. This is particularly true if the technology is being used for the first time. Meeting organisers should confirm that their internet connection and speed will allow them to stream video and audio without delays, for example by running internet speed tests online or using pre-set functions on virtual meeting platforms that record and play back video and audio tests. Organisers can also send a summary in advance of the virtual meeting that discusses how to use the technology so that employees can become familiar with the platform before the meeting. Many virtual meeting platforms provide simple guides to their technology on their website for this purpose. Clients should be provided alternative methods to get in touch with the lawyer in case of a technical issue.

Challenging client behaviour

The lack of physical presence when delivering legal services virtually can make dealing with challenging client behaviour more challenging. Some common scenarios that lawyers may have to consider and manage include:

• Building trust and rapport with a client. This can be more difficult when communicating virtually rather than in-person. Be patient and allocate time to obtain a proper understanding of the client’s needs and expectations;
• Be cognizant that certain non-verbal cues or particular needs of the client which can be more easily missed via online communication with a client. For more detail on the communication needs of Aboriginal and Torres Strait Islander clients and CALD clients, please refer to chapters 14.2 and 1.14.3;
• Clients can find it difficult to understand which types of information are relevant, such that obtaining instructions or collecting evidence can become a more frustrating and drawn-out process. This can be exacerbated when delivering services online when non-verbal cues are less clear. Choose when to make appropriate interruptions and work to manage and guide the discussed contents of a virtual meeting;
• It can be easier for participants in virtual meetings to become rude or aggressive. Verbal abuse should never be tolerated. Lawyers should feel comfortable putting their own safety first, contacting their pro bono supervisor or manager for further assistance or ending the call if a participant in a call is displaying aggressive or disrespectful behaviour; and pro bono managers should supervise, manage and mentor pro bono lawyers on any other common scenarios that may arise in the specific area of pro bono work, or clients which may be specifically challenging.

This sub-chapter was reviewed in 2022 by the Australian Pro Bono Centre and the pro bono team at DLA Piper, headed by Nicolas Patrick. The Centre acknowledges and is grateful for the generous contributions of all those who assisted with the 2022 refresh of the Australian Pro Bono Manual.  

1.14.7 CHALLENGING CLIENT BEHAVIOUR

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Sometimes lawyers find it challenging dealing with clients. Pro bono clients can be particularly challenging. This can be a source of stress and frustration to the lawyer, and can affect their level of engagement with the pro bono practice, despite a genuine desire to address the unmet legal needs of those experiencing disadvantage.

For example, the client may be reluctant to provide important information about their matter. They may be difficult to contact. Some clients find it difficult to understand what type of information is relevant, and as a result, obtaining instructions can be a slow process. At times clients may be impatient, frustrated or irritable.

These behaviours may be due to:

• linguistic factors, cultural factors or a disability;
• the client’s difficult personal circumstances arising from disadvantage, marginalisation or other personal hardship;
• the client being unused to dealing with lawyers, legal processes and the legal system;
• the stress of being involved in a protracted legal dispute, or
• previous trauma the client might have experienced.

The risk of these problems arising can be minimised if, before the client meets the pro bono lawyer, the client or the matter is assessed and triaged by the referral organisation (CLC or pro bono referral organisation) or by the pro bono manager.

After the matter is assessed, it’s important to ensure the client understands the terms of engagement, and how the matter will be conducted, including particular timeframes or deadlines. Explain why particular requests are being made, what the process is, the prospects of success, and what are the legal consequences of the client failing to cooperate. (See 2.1.5 Letters of engagement)

If problems persist, the lawyer should discuss them with the pro bono manager. The manager may need to mentor the lawyer on how to work with the client, or, if appropriate, to meet with the lawyer and the client. Alternatively, the manager may arrange for the matter to be managed by another lawyer. Discussing the problems with the referring agent will often be useful.

If necessary, the client may need to be reminded of the grounds on which the engagement will be terminated, as set out in the letter of engagement.

This sub-chapter was reviewed in 2022 by the Australian Pro Bono Centre and a secondee from the pro bono team at Norton Rose Fulbright, headed by Chris Owen. The Centre acknowledges and is grateful for the generous contributions of all those who assisted with the 2022 refresh of the Australian Pro Bono Manual. 

1.14.8 SELF-CARE AND RESILIENCE

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This section provides brief information on the importance of self-care and resilience for pro bono lawyers. For more detailed guidance, practical tips and templates, please refer to the Centre’s publication: Client Management and Self-care: A guide for pro bono lawyers, (2018) found here.

It is important that pro bono managers acknowledge potential challenges or risks that lawyers may face when undertaking pro bono legal work, particularly for individuals experiencing disadvantage. As well as addressing particular client needs and managing challenging behaviours, training should ensure lawyers’ own safety and wellbeing. It is important that training includes a component on self-care and resilience.

Pro bono clients may have faced a variety of traumatic or difficult circumstances which led them to seek legal assistance and a pro bono lawyer needs to be equipped to deal with this. In turn, pro bono lawyers may experience vicarious trauma as a result of working with pro bono clients and need to be equipped to manage such scenarios well, both for the benefit of the client as well as for the lawyer.

By way of example:

• Pro bono lawyers receiving referrals from the Cancer Council need to be able to assist clients with legal issues that may arise as a result of illness. At times the lawyer may need to attend a hospital to visit a client who is very unwell to take instructions about the drafting of a Will or other end of life matters. In rare instances, it is possible a client might pass away before the lawyer is able to fully attend to their legal needs.
• Pro bono lawyers undertaking work for the Mental Health Legal Centre in Victoria need to be able to assist clients who have been involuntarily detained for treatment because of their mental ill-health. A client with schizophrenia or psychosis, for example, may have some beliefs or ideas that seem unusual or foreign to the pro bono lawyer. Alternatively, the client may seem detached from reality and it may be difficult without adequate training to assess their cognitive capacity to give instructions or to ascertain their legal issue or issues.
• Pro bono lawyers assisting refugees with the immigration process may face difficult conversations with their clients about the trauma they suffered that led them to flee their country as well as trauma suffered on the journey.

Pro bono lawyers may be advised during the referral process or prior to their first meeting with a client about factors that could impact on the client’s behaviour, but as this doesn’t always occur, lawyers need to be prepared for all foreseeable circumstances. Often a clinic or CLC will provide training to pro bono lawyers before they take part in the service, and this training may include a discussion about the clinic/CLC’s safety protocols, or the clinic/CLC’s recommended strategies for dealing with the more difficult issues that may arise when assisting their clients. Pro bono managers should understand the level of training provided by the clinics/CLC and address any gaps through in-house training programs or otherwise. The need for in-house training may extend to matters assisting individuals that are referred to the firm.

The type of training provided to lawyers will depend on the nature of the pro bono legal services provided, but generally speaking the training should:

• provide lawyers with an understanding of the key signs or symptoms of mental illnesses such as anxiety, depression, post-traumatic stress disorder and psychosis;
• include some simple strategies that pro bono lawyers can use to empathise with, and manage, the needs of clients experiencing mental ill-health;
• equip pro bono lawyers to respond to clients that have experienced or are experiencing trauma;
• teach pro bono lawyers to be aware of the risk of compassion fatigue or vicarious trauma, and the risk that certain pro bono matters may trigger an unanticipated emotional or physical reaction. This includes training lawyers to identify the symptoms of vicarious trauma and implement strategies for managing such experiences;
• teach pro bono lawyers to be aware of the risk of burn out, including the symptoms and strategies to manage burn out;
• provide pro bono lawyers with strategies to respond to, or manage, difficult client behaviours such as aggression, threats of harm to themselves or others, and people under the influence of alcohol or drugs; and provide pro bono lawyers strategies for looking after themselves, reducing their stress, recognising when further help is needed, and seeking that help.

In addition to formal training, firms should ensure the continual supervision and mentoring of pro bono lawyers, including providing lawyers with an avenue to debrief following any difficult experiences with clients. Supervisors or managers of a pro bono practice should work to ensure an open and safe workplace culture which allows pro bono lawyers to discuss any stresses or experiences they may have faced during the course of pro bono work. This includes making clear the mechanisms through which pro bono lawyers can seek help, whether through an allocated senior member of the team, or to the broader mental health program run by the firm.

Further resources

Resources that pro bono lawyers can use to support their self-care and resilience include:

• the Australian Pro Bono Centre’s publication: Client Management and Self-care: A guide for pro bono lawyers (2018), found here;
• the Resilient Lawyer Manual by Robyn Bradey (2014), found here;
• Law Society of NSW website, Mental Health and well-being, found here;
• the ACT Government’s publication: Vicarious trauma: Self-care to manage the impact of other people’s trauma, found here; and
• the British Medical Association’s publication: Vicarious trauma: signs and strategies for coping (2022), found here.

Resources that lawyers can consider in order to better empathise with, and manage, the needs of clients experiencing mental ill-health or clients who have experienced or are experiencing trauma include:

• National Centre for Suicide Prevention Training, found here; and
• Mental Health First Aid Australia, found here.

This sub-chapter was reviewed in 2022 by the Australian Pro Bono Centre and a secondee from the pro bono team at Norton Rose Fulbright, headed by Chris Owen. The Centre acknowledges and is grateful for the generous contributions of all those who assisted with the 2022 refresh of the Australian Pro Bono Manual.  

[1] Australian Pro Bono Centre, Pro bono legal services in family law and family violence: Understanding the limitations and opportunities, (Final Report, October 2013) 76 <http://probonocentre.org.au/wp-content/uploads/2015/09/Family-Law-Report-FINAL.pdf>.

[2] For more information about different models of pro bono legal assistance Australian Pro Bono Centre, ‘Part 4: Models of Pro Bono Legal Assistance’, Pro Bono Partnerships and Models – A Practical Guide to What Works, (Web Page)  <https://www.probonocentre.org.au/whatworks/part-4/>.

[3] Australian Pro Bono Centre Pro Bono, ‘Part 4: Models of Pro Bono Legal Assistance’, Partnerships and Models – A Practical Guide to What Works (Web Page) ch 22.5.5 <https://www.probonocentre.org.au/whatworks/part-4/chap-22/#22.5.5>.For example see the case study at Australian Pro Bono Centre, ‘Part 4: Models of Pro Bono Legal Assistance’, Partnerships and Models – A Practical Guide to What Works (Web Page) pt 4 ch 22.5.5 The Aged-Care Rights Service (now Seniors Rights Service) and Sparke Helmore <http://probonocentre.org.au/information-on-pro-bono/our-publications/what-works/>.

[4] For example, see Pro Bono Australia, ‘Creating a Thriving Social Enterprise Sector in Australia’, News – General (Web Page, 26 February 2014) <https://probonoaustralia.com.au/news/2014/02/creating-a-thriving-social-enterprise-sector-in-australia/>.

[5] For more information about how firms provide assistance to NFP organisations, see Australian Pro Bono Centre , ‘Chapter 28 Assistance to not-for-profit organisations and charities’ Partnerships and Models – A Practical Guide to What Works (Web Page) pt 4 ch 28 <https://www.probonocentre.org.au/whatworks/part-4/chap-28/>.

[6] National Pro Bono Resource Centre, Pro bono legal services in family

law and family violence: Understanding the limitations and opportunities (Report, October 2013) 12 <https://www.probonocentre.org.au/wp-content/uploads/2015/09/Family-Law-Report-FINAL.pdf>.

[7] See, for example the case study at Australian Pro Bono Centre , ‘Refugee advice and casework service and Henry Davis York’, Partnerships and Models – A Practical Guide to What Works (Web Page) pt 4 ch 20.5.2 <https://www.probonocentre.org.au/whatworks/part-4/chap-20/#20.5.2>.

[8] See Australian Pro Bono Centre, ‘Chapter 20: Clinics: Benefits’, Partnerships and Models – A Practical Guide to What Works (Web Page) pt 4 ch 20.2 < https://www.probonocentre.org.au/whatworks/part-4/chap-20/#20.2 >.

[9] Australian Pro Bono Centre ‘Chapter 3: Importance of relationships and communication’, Partnerships and Models – A Practical Guide to What Works (Web Page) pt 2 ch 3 <https://www.probonocentre.org.au/whatworks/part-2/chap-3/>.

[10] Australian Pro Bono Centre , “Chapter 2: ‘Secondary consults’ or ‘phone a friend’ assistance’”, Partnerships and Models – A Practical Guide to What Works (Web Page) pt 4 ch 25 <https://www.probonocentre.org.au/whatworks/part-4/chap-25/>.

[11] Australian Pro Bono Centre Pro Bono, ‘Chapter 24: Co-counselling’, Partnerships and Models – A Practical Guide to What Works (Web Page) pt 4 ch 24 <https://www.probonocentre.org.au/whatworks/part-4/chap-24/>.

[12] Australian Pro Bono Centre Pro Bono, ‘22.5.3 Case study: Employment Law Advocacy Scheme (Redfern Legal Centre, Marrickville Legal Centre, Caxton Legal Centre, Darwin Community Legal Service and Clayton Utz)’, Partnerships and Models – A Practical Guide to What Works (Web Page) pt 4 ch 22.5.3 < https://www.probonocentre.org.au/whatworks/part-4/chap-22/#22.5.3>.

[13] Australian Pro Bono Centre , ‘Chapter 24: Co-Counselling’, Partnerships and Models – A Practical Guide to What Works (Web Page) pt 4 ch 24 <https://www.probonocentre.org.au/whatworks/part-4/chap-24/>.

[14] For more information on any of the listed points, refer to the resources listed at the end of sub-chapter 1.14.2(a) here, including: Indigenous Issues Committee, Law Society of New South Wales, Working with Aboriginal and Torres Strait Islander Clients Resources for solicitors in NSW (Publication, Indigenous Issues Committee, 2021) <https://www.lawsociety.com.au/about-us/Law-Society-Initiatives/indigenous-issues/working-with-indigenous-clients>.

[15] Indigenous Issues Committee, Law Society of New South Wales, Working with Aboriginal and Torres Strait Islander Clients Resources for solicitors in NSW (Publication, Indigenous Issues Committee, 2021) 8-9 <https://www.lawsociety.com.au/about-us/Law-Society-Initiatives/indigenous-issues/working-with-indigenous-clients>.

[16] Indigenous Issues Committee, Law Society of New South Wales, Working with Aboriginal and Torres Strait Islander Clients Resources for solicitors in NSW (Publication, Indigenous Issues Committee, 2021) 7 <https://www.lawsociety.com.au/about-us/Law-Society-Initiatives/indigenous-issues/working-with-indigenous-clients>.

[17] See Australian Indigenous HealthInfoNet, Trauma (Web Page) <https://healthinfonet.ecu.edu.au/learn/health-topics/healing/trauma>; Cathy Kezelman and Pam Stavropoulos, Trauma and the Law: Applying Trauma-informed Practice to Legal and Judicial Contexts (Background Paper, 2016) <https://communitylegalqld.org.au/sites/default/files/downloads/webinars/blue_knot_paper_trauma_informed_practice.pdf >.

[18] Reconciliation Australia, Reconciliation Action Plans (Web Page, 2022) <https://www.reconciliation.org.au/reconciliation-action-plans/>.

[19] Indigenous Issues Committee, Law Society of New South Wales, Working with Aboriginal and Torres Strait Islander Clients Resources for solicitors in NSW (Publication, Indigenous Issues Committee, 2021) <https://www.lawsociety.com.au/about-us/Law-Society-Initiatives/indigenous-issues/working-with-indigenous-clients> 17.

[20] See Indigenous Issues Committee, Law Society of New South Wales, Working with Aboriginal and Torres Strait Islander Clients Resources for solicitors in NSW (Publication, Indigenous Issues Committee, 2021) 10-12 <https://www.lawsociety.com.au/about-us/Law-Society-Initiatives/indigenous-issues/working-with-indigenous-clients>; Australian Government, Department of the Prime Minister and Cabinet, Communicating with Aboriginal and Torres Strait Islander Audiences (23 February 2016) <https://www.pmc.gov.au/resource-centre/indigenous-affairs/communicating-aboriginal-and-torres-strait-islander-audiences#:~:text=General%20considerations%20when%20communicating%20with,different%20meanings%20in%20different%20communities>.

[21] For example, see Law Society of South Australia, Lawyers’ Protocols for Dealing with Aboriginal Clients in South Australia (Third Edition 2020, 2 March 2020) 51-52 <https://www.lawsocietysa.asn.au/Public/Publications/Guidelines/Lawyers_Protocols_for_Dealing_with_Aboriginal_Clients.aspx>.

[22] See Diana Eades, ‘Taking evidence from Aboriginal witnesses speaking English: some sociolinguistic considerations’ [2015] PrecedentAULA 12; (2015) 126 Precedent 44 <http://classic.austlii.edu.au/au/journals/PrecedentAULA/2015/12.html>.

[23] Australian Bureau of Statistics, ‘Aboriginal and Torres Strait Islander peoples data summary’, Aboriginal and Torres Strait Islander people: Census (Web Page, 28 June 2022) <https://www.abs.gov.au/statistics/people/aboriginal-and-torres-strait-islander-peoples/aboriginal-and-torres-strait-islander-people-census/2021>.

[24] Australian Bureau of Statistics, Aboriginal and Torres Strait Islander people with disability (Web Page, 11 June 2021) <https://www.abs.gov.au/articles/aboriginal-and-torres-strait-islander-people-disability>.

[25] Indigenous Issues Committee, Law Society of New South Wales, Working with Aboriginal and Torres Strait Islander Clients Resources for solicitors in NSW (Publication, Indigenous Issues Committee, 2021) <https://www.lawsociety.com.au/about-us/Law-Society-Initiatives/indigenous-issues/working-with-indigenous-clients> 14; Legal Aid Queensland, Lawyers working with Aboriginal and Torres Strait Islander clients (2016) <https://www.legalaid.qld.gov.au/About-us/Policies-and-procedures/Best-practice-guidelines/Lawyers-working-with-Aboriginal-and-Torres-Strait-Islander-clients>.

[26] Law Society Northern Territory, Indigenous protocols for lawyers (Second Edition, 2015) <https://www.lawsociety.com.au/sites/default/files/2018-03/indigenous_protocols_for_lawyers_0.pdf>;

Law Society of Western Australia, Protocols for Lawyers with Aboriginal or Torres Strait Islander Clients in Western Australia (2015) <https://www.lawsocietywa.asn.au/wp-content/uploads/2015/10/Protocols-for-Lawyers-with-Aboriginal-or-Torres-Strait-Islander-Clients-in-Western-Australia.pdf>;

[27] Northern Territory government of Australia, Aboriginal Interpreter Service (Web Page, 2022) <https://nt.gov.au/community/interpreting-and-translating-services/aboriginal-interpreter-service>.

[28] Aboriginal Interpreting WA, ‘AIWA home’ (Web Page) <https://aiwaac.org.au/index.html>.

[29] Government of South Australia Department of Human Services, ‘Welcome to the Aboriginal Language Interpreting Service (ALIS)’, Interpreting and Translating Centre (Web Page, 2022) < https://translate.sa.gov.au/ALIS>.

[30] National Accreditation Authority for Translators and Interpreters, ‘Indigenous Interpreting Project’, Our Industry (Web Page) <https://www.naati.com.au/our-industry/indigenous-interpreting-project/>.

[31] See for example, definition used by the Victorian Government for data collection standards at: Government of Victoria, ‘Data collection standards – Culturally and linguistically diverse communities’, Victorian Family Violence Data Collection Framework (Web Page) <https://www.vic.gov.au/victorian-family-violence-data-collection-framework/data-collection-standards-culturally-and>.

[32] See for a further discussion on definitions of the term culturally and linguistically diverse (CALD): Thi Thu Le Pham et al, ‘Definitions of Culturally and Linguistically Diverse (CALD): A Literature Review of Epidemiological Research in Australia’ (2021) 18(2) Int J Environ Res Public Health 737. <https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7830035/>.

[33] Department of Families, Housing, Community Services and Indigenous Affairs, ‘Communicating in a culturally appropriate way’ (Website, 2008) < http://resources.fahcsia.gov.au/ConsumerTrainingSupportProducts/external/cultural_communication_fact_sheet.htm>.

[34] Edward T Hall, Beyond culture (Doubleday, 1976) Doubleday; Edward T Hall and Mildred Reed, Understanding cultural differences: Germans, French and Americans (1990, Intercultural Press).

[35] A useful summary or distillation of the high-/low-context cultures model can be found in: Omid Alizadeh Afrouzi, ‘Humanitarian behavior across high-/low-context cultures: a comparative analysis between Switzerland and Colombia’ (2021) 6(2) Journal of International Humanitarian Action 2.

[36] A useful summary or distillation of the high-/low-context cultures model can be found in: Omid Alizadeh Afrouzi, ‘Humanitarian behavior across high-/low-context cultures: a comparative analysis between Switzerland and Colombia’ (2021) 6(2) Journal of International Humanitarian Action 2.

[37] Edward T Hall and Mildred Reed, Understanding cultural differences: Germans, French and Americans (1990, Intercultural Press) 9.

[38] Stephen M Croucher et al, ‘Conflict Styles and High–Low Context Cultures: A Cross-Cultural Extension’ (2012) 29(1) Communication Research Reports 64-73; Donghoon Kim, Yigang Pan and Heung Soo Park, ‘High- Versus Low-Context Culture: A Comparison of Chinese, Korean and American Cultures’ (1998) 15(6) Psychology & Marketing 507-521.

[39] Donghoon Kim, Yigang Pan and Heung Soo Park, ‘High- Versus Low-Context Culture: A Comparison of Chinese, Korean and American Cultures’ (1998) 15(6) Psychology & Marketing 507-521.

[40] This case study has been contributed by a lawyer who has worked with a similar scenario involving CALD clients.

[41] This case study has been contributed by a lawyer who has worked with a similar scenario involving CALD clients, as well as using the case study provided in: Department of Families, Housing, Community Services and Indigenous Affairs, ‘Communicating in a culturally appropriate way’ (Website, 2008) < http://resources.fahcsia.gov.au/ConsumerTrainingSupportProducts/external/cultural_communication_fact_sheet.htm>.

[42] Julie Fraser, Little Book of Cultural Tips (Diversicare’s Multicultural Advisory Service, 4^th ed, 2017) <http://www.diversicare.com.au/wp-content/uploads/2017/08/LBCT_Jun2017.pdf>.

[43] Law Society of NSW, ‘Diversity and Inclusion in the Legal Profession: The Business Case’ (Report, October 2021) ; Department of Families, Housing, Community Services and Indigenous Affairs, ‘Communicating in a culturally appropriate way’ (Website, 2008) < http://resources.fahcsia.gov.au/ConsumerTrainingSupportProducts/external/cultural_communication_fact_sheet.htm>.

[44] Amartya Sen, ‘Development as Freedom’ (1999, Oxford University Press UK) 284.

[45] See Rogic v Samaan [2018] NSWSC 1464 [152], [157]-[158], [162]-[163] for comments by the NSW Supreme Court regarding professional standards, best practice and ethical duties surrounding the use of interpreters.

[46] NAATI, ‘Certification Tests’, Become Certified (Web Page) <https://www.naati.com.au/become-certified/certification/>.

[47] Department of Home Affairs, ‘Interpreting Service Charges’, Charges and Free Services (Web Page) <www.tisnational.gov.au/Agencies/Charges-and-free-services/Interpreting-service-charges>.

[48] See for example, Multicultural NSW, ‘Language Services’, Services (Web Page) .

[49] Federal Circuit Court of Australia, ‘Interpreter policy and guidelines’ (Web Page, 9 May 2022) < Interpreter policy and guidelines | Federal Circuit and Family Court of Australia (fcfcoa.gov.au) >.

[50] Department of Home Affairs, ‘Working with TIS National interpreters’, Help Using TIS National Services (Web Page) <www.tisnational.gov.au/en/Agencies/Help-using-TIS-National-services/Working-with-TIS-National-interpreters>.

[51] Department of Home Affairs, ‘Working with TIS National interpreters’, Help Using TIS National Services (Web Page) <www.tisnational.gov.au/en/Agencies/Help-using-TIS-National-services/Working-with-TIS-National-interpreters>.

[52] People with Disabilities Australia, ‘Social model of disability’, Resources (Web Page) < https://pwd.org.au/resources/models-of-disability/>.

[53] Disability Advocacy Resource Unit, ‘Introducing the human rights model of disability’, How we talk about disability matters (Web Page) < https://www.daru.org.au/how-we-talk-about-disability-matters/introducing-the-human-rights-model-of-disability#:~:text=The%20human%20rights%20model%2C%20as,as%20everyone%20else%20in%20society>

[54] Law Society of South Australia, Disability Friendly Firms Checklist (2022) <https://lssa.informz.net/lssa/data/images/Website/resources/DisabilityFriendlyFirms230822.pdf>

[55] Law Society of South Australia, Disability Friendly Firms Checklist (2022) <https://lssa.informz.net/lssa/data/images/Website/resources/DisabilityFriendlyFirms230822.pdf>

[56] The Law Society of New South Wales Diversity and Inclusion Committee, Creating a Disability Inclusive Workplace (Report, December 2021) <https://www.lawsociety.com.au/sites/default/files/2021-12/Creating%20a%20disability%20inclusive%20workplace.pdf>.

[57] Department of Infrastructure, Transport, Regional Development and Communications, ‘National Relay Service’, Accesshub (Web Page, 2020) <https://www.communications.gov.au/what-we-do/phone/services-people-disability/accesshub/national-relay-service>.

[58] Infoxchange, AskIzzy (Web Page, 2022) <https://askizzy.org.au/>.

[59] Community Legal Centres Australia, ‘Contact Us’, Ensuring a thriving community legal sector (Web Page, 2019) <https://clcs.org.au/contact-us>.

[60] This chapter is based on the following publication: DLA Piper, Providing legal services remotely: a guide to available technologies and best practices (Publication, New Perimeter, Open Society Justice initiative, Legal Empowerment Network, 2020) <https://namati.org/wp-content/uploads/2021/01/Providing-Legal-Services-Remotely_A-Guide-to-Available-Technologies-and-Best-Practices.pdf>. The Australian Pro Bono Centre gratefully acknowledges the contribution of the Open Society Justice Initiative; the Legal Empowerment Network, a global network convened by Namati; and New Perimeter, DLA Piper’s nonprofit affiliate focused on global pro bono.

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