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Commission or Private Lawyer

In assigning matters to Commission staff or to private legal practitioners the primary consideration is the Commission's obligation under section 11(a) of the Legal Services Commission Act 1977  (SA) “to seek to insure that legal assistance is provided in the most efficient and economical manner”. Further, pursuant to section 11(d) of the Act, the Commission is required to "have regard to the following factors:

  • the need for legal assistance to be readily available and easily accessible to disadvantaged persons;
  • the desirability of enabling all assisted persons to obtain the services of legal practitioners of their choice;
  • the importance of maintaining the independence of the legal profession;
  • the desirability of enabling legal practitioners employed by the Commission to utilise and develop their expertise and maintain their professional standards by conducting litigation and doing other kinds of professional legal work”.

Subject to other considerations (see Solicitor of Choice) the Commission will generally give effect to client choice of practitioner.