On Friday, the Lismore revealed that the number of private practice lawyers in the 2480 postcode has dropped 14.1% (74 down from 92) since the floods in 2022, and experienced practitioners has dropped 9.7% (121 down from 134).

The Dean of Law at SCU, David Heilpern, has a differing opinion to the Law Council of Australia (LCA) and Law Society of NSW (LSNSW) when it comes to promoting lawyers in regional areas.

Southern Cross University (SCU) has a large law department, 1200 students over three campuses, including Lismore. 

Dean Heilpern gets regular requests for knowledgeable graduates in Lismore.

“Every week, I get calls from law firms asking if there are any good graduates and if we can get a law student loan law placement.”

Of the considerable number of students studying law at SCU, the majority of those are not in Lismore. Since the 2022 floods, Lismore students have been learning online. 

“The total number of students in our faculty is about 1200, but we also offer some sub-law degrees,” Dean Heilpern said, “So things like a Conveyancing Diploma, Associate Degree in Law Paralegal Studies and a Bachelor of Legal and Justice Studies. But the majority are law students.”

The requirement for law students to resume face-to-face law classes would be at least 20 or 30 students.

“The ones we do have would rather be online, so it's pretty tough for us to reopen," Dean Heilpern said.

The LCA and the LSNSW held a press conference this week in which they called on the government to provide “Forgiveness” to law graduates who meet obligations by practising in country areas.

“Their proposal is that HECS (or HELP) be abolished for people who move to the country and practice law as an incentive to increase the number of lawyers who are willing to practise in regional areas,” Dean Heilpern said. 

To comply, graduate lawyers need to stay for a 5-year stint in the country.

“I really don't think that it will happen and I think there's way better solutions to it than that.”

Dean Heilpern was a country magistrate for many years and said, “I have good connections with law firms all over the central west and south coast, north coast and Sydney region. 

“Rural and regional areas are really suffering from a lack of lawyers, and that makes a difference. But I think there are some other ways that could also increase that number. 

“Firstly, I think fees should be much lower. It's in the very highest bracket. It's not expensive to teach. It's not like you need labs and medical things and dentistry setups and clinics and all the rest of it. It's actually a very cheap subject to teach because it's all books, and it's possible to be completely online.”

It isn’t so much a matter of lawyers being paid equivalent amounts to practise or teach.

“Lawyers don't get paid any more to teach law. The rates to actually teach law are reasonably competitive.” 

Dean Heilpern said it has not been a struggle to find lawyers who want to teach, either.

The LCA and LCNSW plan would encourage graduate lawyers; however, it seems to make country areas a “training” ground for working in the city.

“I would encourage increasing Legal Aid rates for country lawyers. 

“At the moment, it's $120 for doing legal aid work as a private practitioner. For those with overheads (such as exorbitant HECS debt), they end up getting very little.”

There is a problem with those who are eligible for Legal Aid, also. Dean Heilpern indicates a gap where many people in the country aren’t able to afford a full fee lawyer, but don’t have the situation to be awarded Legal Aid.

“The people in the middle, say, a school teacher, a single mum with three kids, she's not going to be eligible for legal aid. If she runs into a legal problem, be it a traffic issue, family law or a civil matter, whatever, there's no way she's going to afford $350 an hour for a lawyer to help her out. 

“So there's all these people who fall through the gaps and then they have to represent themselves that can be disastrous.”

The concern for those who experience a situation where they need a lawyer is tangible. 

“The shortage really does impact on people's lives because the lawyers that are there are overwhelmed with work and simply can't see people for nothing. 

“The legal profession has always had a real commitment to helping the disadvantaged people in our community, but it's very hard to do that.

“The whole idea of pro bono, which is doing work for nothing, has always been part of the culture of the legal profession in Australia.”

Dean Heilpern thinks those two factors will make a big difference to country practise.  

“HECS is just way too severe; it was never meant to be a yoke around people's necks for years to come. And, of course, it's indexed as well. So, people end up getting bigger and bigger debt.

Everyone acknowledges that Lismore and the Northern Rivers need more lawyers. The solution to the problem lies, once again, with government to provide the right incentives.

If you are interested in studying law, have a look at what SCU offers to study a law degree.