cdlpa fall 2012 plenary session ----------------------- legal aid ontario presentation executive...

CDLPAFall 2012 Plenary Session-----------------------Legal Aid Ontario Presentation Executive SummaryBob Ward, President & CEODavid McKillop, Vice President, Policy, Research and External Relations

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This presentation will be available on Legal Aid Ontario’s website:

www.legalaid.on.ca

CDLPA Fall Plenary 2012

http://www.legalaid.on.ca/

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LAO FINANCES


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LAO’s finances

• Legal Aid Ontario (LAO) receives the majority of its funding from the province of Ontario

• Funding is also derived from:

› the Federal Government

› Law Foundation of Ontario

› through judgments, costs and settlements

› from clients who contribute towards the cost of their legal representation

LAO Revenues 2011-12 (millions)

Province of Ontario $ 281.9

Federal Government of Canada: Funding for criminal and youth

criminal justice act cases including approximately $7 million for refugee

matters

$ 53.8

Law Foundation of Ontario $ 19.1

client contributions $ 15.43

judgments, costs, settlements, client recoveries and other incomes sources $ 1.4

Total Revenues $ 371.6

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LAO’s finances


LAO’s expenditures for 2011/12 fiscal year by program area:

6%

44%

2%19%

12%

0%1%

9%5%

2011/12 Expenditures: $372 million

Certificates - Big Cases

Certificate Costs - Other

Staff Law Offices

Clinic Program

Duty Counsel Program

Service Innovation Projects

Service Provider Support

Administration

Program Support

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LAO’s finances

• Between 2007/08 to 2009/10, revenues from the Law Foundation of Ontario (LFO) dropped from a high of $56 million to a low of $4.8 million

› By reserving LFO funding for one-time capital expenditures and projects, LAO is reducing exposure to market fluctuations


2006/07 2007/08 2008/09 2009/10 2010/11 2011/12

LFO revenues(millions)

$51.5 $56.4 $26.2 $4.8 $13.4 $19.1

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LAO’s finances

• LAO’s operating deficit has dropped from a high of $27.6 million in 2009/10 to $1.3 million in 2011/12

• Cost savings in administration and changes in service delivery through LAO’s Modernizations Strategy have contributed to this reduction

Millions 2006/ 07 2007/ 08 2008/ 09 2009/ 10 2010/ 11 2011/ 12 2012/ 13 Forecast

LFO revenues $51.5 $56.4 $26.2 $4.8 $13.4 $19.1 $19.9 NET SURPLUS/(DEFICIT) $8.2 $29.8 ($19.2) ($27.6) ($8.6) ($1.3) ($1.3)

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Justice Sector Trends


Police-reported crime rates 1962 to 2011

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LAO’S MODERNIZATION STRATEGY


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LAO’s enterprise-wide priorities for improvement

Value for Taxpayer

Support for Service

Providers

Value for Clients

Institutional Enhanceme

nts

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• Clients expect easier interaction with our services› Multilingual› Transparent› Convenient› Accessibility

• Taxpayers expect greater accountability› Value for tax dollars› Transparency› Measured and reported performance› Effective and efficient services


Drivers of Change

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LAO’s modernization strategy

• Key components of LAO’s modernization:

› Greater use of technology

› more direct services to clients

› greater value to Ontario taxpayers

• LAO’s modernization strategy is helping to limit the impact of decreased revenues while protecting and expanding access to services for clients


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Modernization: Client Service Centre

• Client Service Centre (CSC) established in 2008

• All services available in more than 200 languages

• Average wait time less than three minutes (180 seconds)

• Priority queue for victims of domestic violence

• LAO is forecasting to receive more than 300,000 client calls in 2011/12


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• LAO has established front line offices in 56 courthouses across Ontario

• Courthouse offices provide easy access to legal aid services including information, referrals, certificate applications and updates, and legal advice from a lawyer

• 90 per cent of all criminal matters are heard in courts that have an LAO office


Modernization: courthouse offices

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• Approximately 40 per cent of all LAO certificate applications are processed through the courthouse offices

• 19 per cent of clients attended the LAO in the Courthouse site to get a status check

› Onsite Status check capabilities reduce delay and help the courts to move matters forward


Modernization: courthouse offices

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Modernization: family services

• Expanded family mediation services to provide more options to low-income Ontarians

• Introduced family summary legal advice over the phone

• Launched the Family Law Information Program (FLIP)

› online family information resource available to all Ontario residents


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• Increased web resources

› In the past year, traffic on the LAO website increased by 15 per cent to over 775,000 visitors

• Launched LawFacts

› new site has been viewed more than 17,000 times since being launched in December 2011

• Launched the Family Law Information Program (FLIP)


Modernization: web-based services

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• Introduced professional interpretation and translation services in over 200 languages for community legal clinics

• Established a $2.25 million Poverty Law Innovation Fund, LAO will help clinics modernize the way they do business and find administrative savings

• Issued three major discussion papers on clinic law delivery


Modernization: clinic law

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Modernization: clinic law The case for change

• Recent reviews of the legal aid system have begun to raise critical and difficult questions about the structure and operation of the clinic law delivery system.

› 2008 Trebilcock Report asked: “whether the clinics in fact add up to a coherent structure for the delivery of poverty law services in Ontario.”

› 2011 report of the Auditor General of Ontario recommended: the “overall effectiveness of the local clinic structure” should be assessed with a view to “[considering] whether any changes are possible that would help serve more clients using available funding.”


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Modernization: Aboriginal services

• Aboriginal Justice Strategy (AJS) plan

› To achieve measurable improvements in services provided to Aboriginal People

• As of Mar. 1, 2011, only lawyers who meet the Gladue panel standard can acknowledge criminal certificates for Aboriginal clients


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• To support the AJS, over 200 LAO and clinic staff have received Aboriginal Cultural Competency Training throughout the province

• Also implemented:

› “Why it is important to tell your Lawyer you are Aboriginal” brochures distributed to stakeholders and client service points

› Increased capacity and composition of our Aboriginal Issues Advisory Committee

› Approval for Gladue extension on all criminal certificates where a client self identifies as Aboriginal


Modernization: Aboriginal services

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Fostering Partnerships

• Information-sharing partnership between LAO and the Ministry of Community and Social Services (MCSS) has helped over 27,000 legal aid applicants on social assistance since April 2010

• New arrangement has resulted in annual savings of $2 million

• Earned LAO a Merit Showcase Ontario award and an MCSS Bravo award


Modernization: administration

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Simplified Financial Eligibility

• LAO is piloting a simplified financial eligibility test



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Reduced certificate application costs

• Simplifying the applications together with increased telephone and web-based services has reduced the cost to process an application by 20 per cent



GTA Region Central & East Region Southwest Region Northern Region Total - Province

$157.7

$177.1 $169.4

$181.8 $168.6

$122.6

$160.4

$113.7

$175.2

$134.5

Cost per certificate application taken: FY 2009-10 vs. FY 2011/12FY 2009-10 FY 2011-12

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Modernization: refugee law services

• LAO’s consultation paper, Meeting the challenges of delivering refugee legal aid, proposes ideas for a new model to provide refugee legal aidservices in today’s environment.

• LAO is conducting consultations with a broad range of organizations, stakeholders, community agencies and individuals in the refugee determination system.

› More than 11 in-person and live web-cast sessions across Ontario


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Modernization: integrated family law services

CDLPA Spring Plenary 2012 26

• Clients to have their needs met through a variety of services not previously available.

• Clients may receive assistance through:

› LAO’s family duty counsel program

› LAO’s Family Law Service Centres

› in-person or over-the-phone summary legal advice

› LAO’s certificate program

› mediation services

› Family Law Information Program (FLIP)


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Modernization: Family Law Service Centres (FLSCs)

• FLSCs offer eligible clients a range of legal resources and support for family matters

› help with documents

› referrals to advice counsel

› full representation in family law cases by a staff lawyer

› referral to a private lawyer who does legal aid work, if eligible

› mediation and settlement conferences

› referrals to other social service agencies

• FLSCs also accept certificate applications for serious domestic violence, child protection, or complex family law cases


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• The centres are staffed by a lawyer manager, staff lawyers, and legal aid workers who are supervised by lawyers.

• FLSCs are located in Toronto, North York, Newmarket, Brampton, Chatham, and Sarnia.

• New FLSC opening in Welland


Modernization: Family Law Service Centres (FLSCs)

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Modernization: mental health strategy

• LAO is developing a multi-faceted strategy to improve legal aid services for clients with mental health issues.

• Strategy will build on current initiatives and support these vulnerable individuals in a more efficient, effective, and holistic manner.

• The board will work in consultation with stakeholders to develop a strategy that improves and adds to LAO’s current client services.


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Wireless in the courthouse

• In October 2012, LAO launched an initiative to assess the benefits of fast, reliable wireless technology in the courthouse.

• LAO will be conducting a year-long pilot in Brampton and Oshawa courthouses.

• LAO staff in these courthouses will be provided with a secure wireless network, mini-laptops and tablets.


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• Nov. 26, 2012: new initiatives based on stakeholder feedback on matters related to the tariff

• The initiatives include:

› piloting a tariff pre-authorization in summary conviction trials and Child and Family Services Act (CFSA) status reviews

› implementing a case management program and budgets for costly, complex family and criminal law matters (non-Big Case Management)

› reviewing how the tariff has evolved in the legal system and how this impacts legal aid clients and service providers


Tariff

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Consultations: requests for discretion

• “Exceptional Circumstances”

› Results obtained

› Complexity of the matter

› Contributions of the applicant

› Amount of time realistically set aside in anticipation of lengthy trial which time was not otherwise filled by the lawyer

› Any other relevant factor

Legal Aid Services Act, 1998, Schedule 1 & 2 O.REG. 107/99


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Discretion Guidelines

• Discretion is a compensation tool that allows LAO to approve, under exceptional circumstances, lawyers’ written requests for additional compensation above the hourly tariff rate.

• Lawyers who represent vulnerable clients, manage complex cases, or achieve extraordinary outcomes can apply.


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• May 2012: LAO consulted with more than 300 criminal, family and refugee lawyers across Ontario on proposed discretion guidelines

• August 2012: revised guidelines released

• Approved guidelines take effect Nov. 26, 2012


Consultations: requests for discretion

CDLPA Fall Plenary 2012 35

Demographic profile of existing LAO clients

• Summary of 619,157 client records:

› 62 per cent of certificate clients are men

› 53 per cent of certificate clients are in single person family

› Certificate clients are very poor

› Certificate clients are typically young

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Lawyers annual billings 2011- 2012

Billing range Number of lawyersPercentage of all

Lawyer who billed LAO

< $50,000 2573 64.1%

$50,000 < $100,000 789 19.6%

$100,000 < $150,000 396 9.9%

$150,000 < $200,000 153 3.8%

$200,000 < $250,000 75 1.9%

$250,000 < $300,000 26 0.6%

< $300,000 4 0.1%


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LAO panel lawyers

• As of July 2012, there were 4,468 lawyers throughout Ontario registered on one or more LAO panels

Panel by area of law Number of lawyers on panel

Criminal 2839

Family 2243

CFSA 1333

Refugee /immigration 712

Consent and Capacity 301

Extremely Serious matters 798

Complex Case 97


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Tariff rates

Revised tariff rates

Effective Feb 1, 2010Year 1

Apr 1, 2010Year 1

Apr 1, 2011Year 2

Apr 1, 2012Year 3

Apr 1, 2013Year 4

Apr 1, 2014Year 5

Apr 1, 2015Year 6

Lawyer rate Tier 1 $81.44 $85.51 $89.79 $94.28 $98.99 $103.94 $109.13

Lawyer rate Tier 2 $91.62 $96.20 $101.01 $106.07 $111.37 $116.94 $122.78

Lawyer rate Tier 3 $101.81 $106.90 $112.24 $117.85 $123.75 $129.94 $136.43

Complex Criminal Case rate

$120.02 $124.82 $129.81 $135.00 $141.75 $148.84 $161.05


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LAO’s 60 day commitment to lawyers

• Over 90 per cent of lawyers’ accounts are now consistently processed within 60 days

› As of Aug. 24, 2012, LAO’s inventory included 3,707 accounts with 298 accounts beyond the 60 day limit

› 618 of the accounts are late billed

› In February 2012, LAO modified the lawyers’ billing portal to improve the account-processing time

› Approximately 80 per cent of criminal certificates are billed as block fee accounts, which are usually matched and paid within 23 days


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• 13 per cent reduction in non-dispositive services provided by DC since 2009

• Number of adjournments previously provided by DC have decreased by 11,287 or 7 per cent on a year-to-date basis.


Duty Counsel dispositive services

Duty Counsel Non-Dispositive Services Trend lineFiscal Year Comparisons – September YTD

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Legal aid certificates

• In 2011/12, LAO issued 105,547 certificates, an increase of 5.1 per cent over the previous year

• Percentage of decisions made the same day for applications received increased by 1.4 per cent in this fiscal year’s Q1 compared to last year’s› 89.5 per cent to 90.9 per cent.

• In Q1 2012/13 LAO issued 13 per cent fewer than in Q1 2011/12


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Year-to-date November 20, 2012 certificate issued vs. estimated demand table.

REGULAR CERTIFICATESLegal Aid Certificates Variance

Region Issued Est. Demand # %

GTA

18,831 20,545 1,714 8%

South West

16,794 19,004 2,210 12%

Central and Eastern

13,483 14,487 1,004 7%

North

5,983 6,196 213 3%

PROVINCE 55,091 60,232 5,141 9%



43CDLPA Fall Plenary 2012


44CDLPA Fall Plenary 2012

2006-07 2007-08 2008-09 2009-10 2010-11 2011-12% Change

from last year

Criminal 65,784 64,335 68,453 63,501 58,670 65,633 11.87%*

Family 26,540 25,599 30,107 27,488 24,614 21,406 -13.03%**

Immigration & Refugee 11,060 11,401 12,706 12,904 12,453 13,637 9.51%

Other Civil 5,807 5,964 5,903 5,417 4,650 4,871 4.75%

Total Certificates Issued 109,191 107,299 117,169 109,310 100,387 105,547 5.14%

* The increase in criminal certificates includes new block fee certificates which under the old rules would have been treated as an amendment to an existing certificate, not a new certificate.** Decrease in family certificates issued is the result of LAO’s continuum of service initiative which provides clients with a access to a variety of services to better address their legal matter.

Certificates issued: comparison to prior years:


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QUESTIONS?


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