Law Talk: Giving you access to justice

The Duty Counsel program is one of five programs offered by Legal Aid Ontario (LAO). You can retain duty counsel for criminal law, family law, health law and tenant protection cases.

In smaller communities local lawyers generally work on a part-time basis as duty counsel. In larger cities, there are lawyers who work full-time as duty counsel. You can usually find the duty counsel in an office at the local courthouse, at the Landlord and Tenant Board, or at local hospitals. In London-Middlesex, you can obtain information on the locations of their offices at Legal Aid Ontario, 171 Queens Avenue, London Ontario (519-433-8179).

Anyone who comes to court is eligible to receive limited legal advice from a duty counsel lawyer. They will also help in cases where you are in immediate need of assistance. For example, with a criminal matter, if you are arrested and do not have a lawyer, you can contact duty counsel for legal advice. If you are in court, duty counsel can discuss your case with you and the Crown Attorney and advise you of your legal options. They also provide representation for matters regarding adjournment, pleas, applications for bail and submissions regarding sentencing.

Another example is the Tenant Duty Counsel at the Landlord and Tenant Board. This duty counsel can offer information on maintenance and repair, eviction, harassment and privacy issues, as well as provide referrals to other Legal Aid Ontario programs.

If your case has to go to trial then the duty counsel cannot assist you any further. You will have to apply for a LAO certificate (through the LAO certificate program), or apply for assistance through the Community Legal Clinics or Student Legal Aid Societies in your area. The locations of all Legal Aid Ontario offices can be found at www.legalaid.on.ca.

This column provides legal information only. If you need legal advice please contact a lawyer, community legal clinic or the Lawyer Referral Service at 1-900-565-4LRS (a $6.00 charge will apply). Fanshawe College students can book an appointment to attend our outreach clinic at the college. Please call us at 519-661-3352 to book an appointment.