Litigation Advocate Program
Monash-Oakleigh Legal Service clients may be able to obtain the services of a litigation advocate, who provides advice and representation in civil matters in the Magistrates' Court and Tribunals.
The litigation advocate assists and in some cases represents clients on a range of small-scale civil matters such as debt, contract disputes, motor vehicle accidents, consumer claims, tenancy disputes, neighbour disputes, equal opportunity issues, solicitor complaints and some crimes compensation.
The litigation advocate's work focuses on negotiating settlements, and involves providing advice to Monash-Oakleigh Legal Service students on legal strategies, the likelihood of success of cases, document preparation, case preparation and presentation and procedural requirements. In appropriate circumstances, she also accepts briefs to appear in court and runs client files herself.
The services of the litigation advocate can be accessed on behalf of clients in three ways:
- Some cases are managed by Professional Practice students at Monash-Oakleigh Legal Service under the supervision of their supervisors and in conjunction with the litigation advocate.
- In other cases, students from Monash-Oakleigh Legal Service act as instructing solicitors and brief the litigation advocate to act as counsel.
- The advocate takes over and runs some matters referred to her by Monash-Oakleigh Legal Service students.
The way a case is managed depends on several factors including the approach that would best serve the interests of the client, whether it would be beneficial for a student to remain involved in the case, and the litigation advocate's availability and workload.
Clients may be eligible to receive assistance from the litigation advocate if they have a civil claim that they are unable to pursue or defend because they cannot pay for the cost of a private practitioner or they are disadvantaged because of a non-English speaking background. The relevant civil matter must fall within the categories of problems handled by Monash-Oakleigh Legal Service. As the focus of the litigation advocate's work is on resolution, willingness to undertake dispute resolution procedures or mediation may be a prerequisite to assistance in some cases.
