UTas research points to loss of Tasmania's criminal lawyers
The Law Society of Tasmania
A new UTas Law School research report has identified barriers discouraging lawyers from entering, and remaining in, criminal law practice in Tasmania.
The report highlights inadequate legal aid funding, heavy workloads, and a decreasing number of mentors among the key factors driving practitioners away from the profession.
The report, titled “Attracting & Retaining Criminal Lawyers in Tasmania”, was prepared by the University of Tasmania and released today. It draws on an anonymous survey of 211 people who practice, or have previously practiced, in criminal law, along with focus groups and one-on-one interviews, and a review of existing research in the area.
The research found that while many practitioners are drawn to criminal law because of its intellectual challenge and the opportunity to contribute to social justice, most leave within their first three years of practice.
The lack of financial reward was identified as the most significant negative factor, cited by 71 per cent of respondents, followed by poor work-life balance at 56 per cent.
Law Society of Tasmania President Amelia Higgs said the findings should be a wake-up call for the government.
"This research confirms what many in our profession have long suspected: talented, committed lawyers want to do this work, but the system is making it harder and harder for them to stay," Ms Higgs said.
She says legal aid funding for criminal matters simply hasn't kept pace with the real cost of legal representation, let alone with what private firms need to pay as competitive salaries.
“When you compare legal aid rates of around $160 to $180 an hour with average private charge-out rates of $220 to $880 an hour, it's not hard to see why fewer firms are willing to take on this work,” Ms Higgs said. She noted that lawyers in most private firms are under pressure from their employers to meet specific financial targets, causing further disincentives to take on work paid at the much lower Legal Aid rates.
Ms Higgs went on to emphasise that this is not a case of lawyers simply wanting more money. “The people practicing in criminal law do so because they are passionate about providing access to justice and the opportunity for a fair hearing to all members of the community. However, the ongoing cuts to funding are making it increasingly difficult to provide these services. It is ultimately the community, and often our most vulnerable members of society, who are worst affected by these issues,” she said.
“The clear message from the research is that the chronic underfunding of the criminal law sector needs to be addressed immediately by the Tasmanian government.”
The report also highlighted a shrinking pool of senior practitioners available to mentor early-career lawyers, with many reaching retirement at a similar time, leaving junior lawyers without adequate support and guidance.
"We're at risk of losing a generation of criminal law expertise just as demand on the system continues to grow.
"Without urgent action on mentoring and career pathways, fewer and fewer Tasmanians will have access to properly experienced criminal lawyers, and that has real consequences for access to justice”.
“Our society is reliant on a well-functioning legal system, and without criminal law practitioners, court backlogs will continue to worsen, and many people will be forced to represent themselves,” Ms Higgs added.
The report also pointed to concerns about physical safety, particularly among women lawyers attending prisons and court cells, and to the psychological toll of the work, noting that vicarious trauma and mental health impacts are not being adequately managed across the profession.
Ms Higgs said the recommendations involve action by all of the major organisations involved in the criminal law system and the Law Society will be advocating strongly for the adoption of the report's recommendations, which include increased legal aid funding, a formal mentoring program for early-career criminal lawyers, an immediate review of practitioner safety, and expanded access to mental health support for criminal lawyers.
"These recommendations are practical, achievable, and urgently needed," she said.
"We will be taking this report to government and working with the University of Tasmania, Legal Aid, and other stakeholders to make sure criminal law remains a viable and rewarding career path in Tasmania."
The report also recommends the Law Society resume regular surveys of the profession to track practitioner numbers and areas of expertise, to help identify emerging trends and inform future workforce planning.
Ends….
Richard Gerathy
0419 203 075
Links to more information
UTas Media release
UTas Report
Photos in zip file: Yvette Maker has glasses, Amelia Higgs does not.
https://www.dropbox.com/scl/fi/6om02safa8n933xoo2w85/Photos.zip?rlkey=2xg6k81caufkub88545gejnda&dl=0
Contact details:
Richard Gerathy 0419 203 075