LAO update: spring 2020 edition
Published: August 31, 2020
A quarterly update on Legal Aid Ontario’s latest access to justice initiatives
Executive summary
The first quarter was focused on the shift to a fully remote workforce while continuing to provide the high quality legal services and support our clients need and expect from us.
We introduced measures—such as a dedicated duty counsel legal advice phone line for in‑custody clients, billing policy and certificate coverage changes—to reduce barriers to access and delivery of legal services, particularly for those faced with legal and personal safety issues as a result of the pandemic.
As clients are re-directed to our virtual services and with the gradual reopening of the economy, we experienced an increase in call volume. This trend has steadily continued throughout the first quarter.
More information on developments at LAO between April through June, 2020, follows in the updates section.
Updates
- Temporary changes to LAO billing policies in response to COVID‑19
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April 9, 2020
As part of the ongoing response to the COVID‑19 pandemic, LAO is making temporary changes to our billing policies together with other business supports and information for service providers. - Live duty counsel legal advice for in-custody clients with upcoming court appearances, without legal representation for criminal matters
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April 9, 2020
LAO will provide live duty counsel legal advice for in-custody clients with upcoming court appearances and without legal representation for criminal matters, starting April 14, 2020. - New coverage for mandatory judicial pre trials in response to COVID‑19
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June 1, 2020
LAO will soon provide an additional two hours of legal aid coverage for mandatory JPTs in both the Ontario Superior Court and the Court of Justice. - Confronting anti-Black racism
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June 5, 2020
Opinion piece by President and CEO David Field on anti‑Black racism and police violence. - Sidney B. Linden Award presented to Timothy Lutes
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June 19, 2020
Timothy Lutes, a staff lawyer working in LAO’s Provincial Case Management Office, was formally honoured with the Sidney B. Linden Award. - Increased / new coverage for Consent and Capacity Board appeals
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June 21, 2020
Effective immediately, Legal Aid Ontario (LAO) will be making changes to its certificate coverage for Consent and Capacity Board (CCB) appeals.
Client services
Intake, triage and support services
LAO offers intake, triage and support services to people applying for legal aid, existing legal aid clients and lawyers who provide legal services on behalf of Legal Aid Ontario.
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Call centre–Tier 1
Agents in Tier 1 of LAO’s call centre can help assess service needs and provide information about qualifying for legal aid. Their responsibilities include, but are not limited to: triage, making referrals, performing status checks and updating client profiles. -
Call centre–Tier 2
Tier 2 agents conduct an in‑depth analysis of a client’s legal needs, financial situation and case details to determine eligibility for legal aid services. Their responsibilities include, but are not limited to: processing applications, issuing certificates, making referrals, and providing enhanced public legal information. -
Call centre–Lawyers
Lawyers who do legal aid work can contact the call centre for information on, including but not limited to: tariff, billing, account status and technical support. This group serves as a first point of contact for most lawyers’ enquiries.
Call centre–In‑custody
LAO also offers a service dedicated to helping people who are incarcerated across the province. Staff take calls directly from inmates to determine legal aid eligibility, process applications and issue certificates as well as conduct status checks on submitted applications.
Persons assisted for intake, triage and support
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| Persons assisted for intake, triage and support | 2018/19 | 2019/20 | 2020/21 | |||||
|---|---|---|---|---|---|---|---|---|
| Q2 | Q3 | Q4 | Q1 | Q2 | Q3 | Q4 | Q1 | |
| Phone: Tier 1 | 73,498 | 68,281 | 76,534 | 74,457 | 73,473 | 70,289 | 68,383 | 43,299 |
| Phone: Tier 2 | 29,117 | 27,254 | 28,709 | 28,105 | 28,742 | 28,150 | 30,281 | 16,056 |
| Phone: In‑custody clients | 9,066 | 8,462 | 9,120 | 9,391 | 9,532 | 9,258 | 9,659 | 7,023 |
| Phone: Lawyer Service Centre | 11,106 | 10,914 | 10,639 | 10,598 | 9,866 | 9,561 | 10,297 | 6,903 |
Duty counsel services
Duty counsel are LAO staff and per diem lawyers in courthouses. They can give immediate legal assistance to low‑income people who would otherwise be unrepresented and unassisted.
Number of people assisted by duty counsel
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| Persons assisted | 2018/19 | 2019/20 | 2020/21 | |||||
|---|---|---|---|---|---|---|---|---|
| Q2 | Q3 | Q4 | Q1 | Q2 | Q3 | Q4 | Q1 | |
| Criminal law | 121,721 | 131,619 | 150,401 | 129,421 | 124,309 | 125,310 | 137,719 | 65,033 |
| Civil law1 | 33,345 | 34,700 | 38,233 | 31,890 | 25,398 | 21,375 | 23,264 | 9,788 |
| Total | 155,066 | 166,319 | 188,634 | 161,311 | 149,707 | 146,685 | 160,983 | 74,821 |
[1] This category consists largely of people assisted in family law courts
Certificate program
LAO staff working at courthouses or on the phone assess whether an individual qualifies for legal help from LAO, and what kind of legal help they qualify for. A formal application is then created, and, if approved, a certificate is issued. Certificates state the type of service and length of time, as LAO will pay for a lawyer to complete the service based on the typical amount of work required.
Certificate application outcomes
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| Certificate application outcomes | 2018/19 | 2019/20 | 2020/21 | |||||
|---|---|---|---|---|---|---|---|---|
| Q2 | Q3 | Q4 | Q1 | Q2 | Q3 | Q4 | Q1 | |
| Approved | 27,448 | 27,492 | 28,854 | 26,687 | 25,389 | 26,386 | 26,846 | 19,667 |
| Refused | 3,369 | 3,373 | 3,658 | 3,530 | 3,133 | 3,321 | 3,026 | 948 |
| Other2 | 1,502 | 1,653 | 1,721 | 1,689 | 1,529 | 1,451 | 1,235 | 739 |
| Total outcomes recorded | 32,319 | 32,518 | 34,233 | 31,906 | 30,051 | 31,158 | 31,107 | 21,354 |
[2] Application outcomes labelled as “Other” are often of an administrative nature and can include: referrals to other service providers, applications withdrawn by the client, or instances when an application was created in error.
Length of time to determine application outcome
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| Length of time to determine application outcome | 2018/19 | 2019/20 | 2020/21 | |||||
|---|---|---|---|---|---|---|---|---|
| Q2 | Q3 | Q4 | Q1 | Q2 | Q3 | Q4 | Q1 | |
| Same day | 22,755 | 22,757 | 24,006 | 22,039 | 21,186 | 21,685 | 22,332 | 18,491 |
| 1 to 7 days | 2,929 | 2,786 | 3,713 | 3,556 | 3,205 | 3,360 | 3,013 | 1,009 |
| 7 to 14 days | 1,664 | 1,861 | 1,529 | 1,573 | 1,423 | 1,517 | 1,274 | 247 |
| 14 to 30 days | 2,327 | 2,475 | 2,182 | 2,249 | 1,949 | 2,247 | 1,987 | 359 |
| Over 30 days | 2,644 | 2,639 | 2,803 | 2,489 | 2,288 | 2,349 | 2,501 | 1,248 |
| Total outcomes recorded | 32,319 | 32,518 | 34,233 | 31,906 | 30,051 | 31,158 | 31,107 | 21,354 |
| % same‑day decisions | 70.40% | 70.00% | 70.10% | 69.10% | 70.50% | 69.60% | 71.79% | 86.59% |
Certificates approved by area of law
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| Certificates approved by area of law | 2018/19 | 2019/20 | 2020/21 | |||||
|---|---|---|---|---|---|---|---|---|
| Q2 | Q3 | Q4 | Q1 | Q2 | Q3 | Q4 | Q1 | |
| Criminal law | 14,506 | 15,020 | 15,929 | 15,333 | 14,610 | 14,754 | 15,400 | 10,123 |
| Family law | 7,398 | 6,945 | 7,585 | 6,942 | 5,969 | 5,439 | 5,705 | 6,038 |
| Immigration and refugee law | 4,123 | 4,186 | 3,904 | 3,029 | 3,400 | 4,878 | 4,195 | 1,388 |
| Other3 | 1,421 | 1,341 | 1,436 | 1,383 | 1,410 | 1,315 | 1,546 | 2,118 |
| Total | 27,448 | 27,492 | 28,854 | 26,687 | 25,389 | 26,386 | 26,846 | 19,667 |
[3] Other is a category that represents all other legal matters covered by LAO certificates, such as: CCB matters, prison law matters and matters before civil tribunals.
Performance measures
| Key Performance Indicator (KPI) name | Measurement frequency | Last measured | Target | Previous year (2019/20) | Q1 2020/21 |
|---|---|---|---|---|---|
| % of area office appeals heard within 3 days | Quarterly | Q1 2020/21 | 80.0% | 68.9% | 57.0% |
| % of calls answered within 3 minutes (L1) | Quarterly | Q1 2020/21 | 80.0% | 57.1% | 93.0% |
| % of calls answered within 3 minutes (LSC) | Quarterly | Q1 2020/21 | 80.0% | 92.9% | 90.0% |
| % of calls answered within 3 minutes (In‑custody) | Quarterly | Q1 2020/21 | 80.0% | 71.9% | 97.0% |
| % of calls answered with 20 minutes (L2) | Quarterly | Q1 2020/21 | 80.0% | 69.5% | 98.0% |
| Overall client satisfaction ‑ % of positive responses (email) | Annual | Q4 2019/20 | 80.0% | 80.1% | 80.1% |
| Overall lawyer satisfaction ‑ % of positive responses | Annual | Q3 2019/20 | 45.0% | 43.0% | 43.0% |
LAO statement of operations
| Revenue | PY YTD actual Jun. 2019 ($M) | CY YTD actual Jun. 2020 ($M) |
|---|---|---|
| Revenue | ||
| Government funding | $85.0 | $88.7 |
| Law Foundation | $25.5 | $2.3 |
| Other revenue | $4.0 | $1.8 |
| Total revenue | $114.5 | $92.9 |
| Core business expenses | ||
| Certificate costs | $62.1 | $35.0 |
| Client service offices | $4.8 | $3.7 |
| Clinic program | $25.1 | $24.0 |
| Duty counsel program | $13.8 | $9.9 |
| Service innovation | $0.8 | $0.6 |
| Total core business expenses | $106.6 | $73.2 |
| Operating expenses | ||
| Service provider support | $1.6 | $1.3 |
| Administrative expenses | $8.3 | $7.2 |
| Other expenditures | $1.4 | $1.0 |
| Program support | $5.8 | $5.4 |
| Total operating expenses | $17.0 | $14.9 |
| Total expenditures | $123.6 | $88.2 |
| Surplus / (deficit) before other corporate expenditures / savings | $(9.1) | $4.7 |
Note: Due to rounding, the numbers may not add up precisely to the totals provided.