U2 AOS2 - Difficulties Faced by People of Low Socioeconomic Status

Question 1

People of low socioeconomic status (SES)

Answer 1

• Socioeconomic status refers to the social and economic position of a given individual or group of individuals within the larger society. Common measures of socioeconomic status are associated with material markers such as income, consumption, wealth, education and employment
• A person may be considered of low socioeconomic status if they experience conditions such as:
  
  • Low income or wealth
  • Unstable living arrangements
  • Minimal education
• They may include homeless people, long term prisoners, unemployed people, young people and people with long term health conditions or disabilities who are unable to work

Question 2

Cost barriers

Answer 2

• People of low SES may be unable to pursue or defend civil claims due to the high associated costs
• The primary cost barrier is related to obtaining legal representation. This restricts an individual’s ability to obtain strategic legal advice and individuals may ultimately need to represent themselves
• Victorian Legal Aid and community legal centres provide free legal advice, information and representation to people of low SES. However, their resources are stretched and most of their funding is used for people involved in criminal and family law matters as opposed to civil law

Question 3

Examples of costs

Answer 3

• Barrister’s fees
• Solicitors’ fees
• Expert witness fees
• Court fees
• Fees to file court documents
• Use of a jury
• Appeals

Question 4

Lack of understanding

Answer 4

• The justice system is daunting and complex to navigate for most Australians. This is exacerbated for people of low SES, especially if they have been denied the opportunity to develop literacy skills or have long term intellectual disabilities
• The Australian Institute of Judicial Administration found that people with lower education levels, who are unemployed and do not speak English as their primary language are less likely to seek advice when initiating legal action
• Having inadequate legal literacy may make it difficult for a party to a civil dispute to understand proceedings or legal principles, therefore making it challenging for these individuals to self represent and in turn and, in turn, access justice
• In civil matters, Victorian courts do not arrange for an interpreter to attend proceedings and are not responsible for paying for a translator. Further, court interpreters must be accredited, therefore hiring a professional interpreter may incur a significant cost for a civil party

Question 5

Addressing difficulties

Answer 5

• Pro bono legal services
  
  • Numerous organisations offer free legal services to help bridge the gap and assist people who cannot afford a lawyer, but are also ineligible for legal aid
  • For example, Justice Connect connects people of low SES with firms and barristers who offer pro bono services
• Assistance to self-represented parties
  
  • Courts and tribunals offer self-represented parties assistance with understanding processes and procedures
  • For example, the self represented litigant coordinator in the Supreme Court guides people
• Fee waivers
  
  • In all courts and tribunals, parties can apply for a fee waiver for hearings or filing if they are experiencing financial hardship.
• Class actions
  
  • They assist plaintiffs of low SES to group together to seek compensation from the defendant. Often, the lead plaintiff, which may be a law firm, will incur costs if class actions fail. If the class action succeeds, the money is shared between the plaintiffs