Domestic violence survivors unrepresented, claims lawyer

A Geraldton community lawyer said it was common for survivors of domestic violence to get “conflicted out” of legal counsel by their ex-partners. However, a Legal Aid WA spokesperson said every person who was eligible for a grant of aid received one, which sometimes means hiring private council or bringing in lawyers from other regions. Managing Solicitor Aboriginal Family Legal Service Geraldton Neil Hofmeyr said once a lawyer had provided advice to one family member, it was a “conflict of interest” for them to advise another. He said people were being advised by their families to seek legal advice from multiple community lawyers in Geraldton — where there are less lawyers than in a bigger city — so their partners could not seek legal advice, suspecting about eight people he saw last year alone. “People are just frustrated and don’t want to lose their kids,” he said. “We usually try to screen them, but it can be a difficult job sorting out who is telling the truth and who is lying,” he said. A spokesperson from Legal Aid WA said: “(The organisation) will ensure they are assisted, regardless of any conflict of interest issues.” “This could include arranging private representation or reallocating Legal Aid lawyers from other regions to ensure every person who is eligible for a grant of aid, receives legal aid”. In response, Mr Hofmeyr said he couldn’t speak for Legal Aid WA but he didn’t know how they could provide quality legal support in these circumstances. “Maybe they are (seeing every person). But I have seen people unrepresented,” he said. He said Legal Aid lawyers were working very hard with limited resources, but that he had concerns about the quality of legal support these clients — who he said were locked out of speciality counsel from community organisations — were receiving.