The responsibilities of duty solicitors when assisting Aboriginal people in courts of summary jurisdiction are no different to those which apply in relation to non-Aboriginal defendants [see Role of the Duty Solicitor chapter]. However, there are many unique attributes of Aboriginal societies, culture and history which should be borne in mind, and this chapter highlights issues which may arise when assisting an Aboriginal defendant, particularly a traditional Aboriginal defendant from the north-west of South Australia.

Many Indigenous communities and families suffer and continue to suffer ongoing emotional pain and upheaval as a consequence of colonisation, dispossession from land, loss of culture, the separation of families through past government policies, high levels of incarceration, ongoing discrimination and racism. Virtually all Aboriginal people have experienced institutional racism, repression and paternalistic attitudes from white authority figures. They, more than most other people, dislike being talked down to. An attitude of "noblesse oblige" from the duty solicitor will not aid effective communication and may provoke an angry response making legal representation so much harder. Again, courtesy, attentiveness, patience, and an ability to instil in the defendant confidence that one knows what one is about are vital attributes for a duty solicitor.