The Law Council’s (LCA) position paper sets out a number of initiatives to assist these individuals, known as the “missing middle”, by “understanding their legal needs” and using this information to address their needs more broadly. This is especially important given that those in the missing middle tend to be made up of women, single parents, LGBTQIA+ people, migrants, and other minority groups.

“A guiding principle of the rule of law is equality before the law,” LCA president Dr Jacoba Brasch commented in a recent statement. “This means that all people must be equally protected by the law. If legal services are financially out of reach of any Australian, then we have failed to uphold this important principle.

“Initiatives to improve access to justice have understandably concentrated on supporting Australians facing the most complicated and compounded forms of social and economic disadvantage,” Dr Brasch added. “However, we must also turn our collective efforts to closing the justice gap for all. Particular sectors of our community may be more likely to fall within the missing middle.”

The position paper comes on the back of a report by the Productivity Commission that found relatively affluent Australians cannot afford a lawyer if they have serious legal issues. Legal assistance providers also indicated that those refused a grant of legal aid on the basis of means often cannot afford to engage a private lawyer.

To address this, LCA proposed increased funding to legal assistance services. Given these services are already underfunded, they must impose strict eligibility requirements to prioritise those in the community most in need of legal support.

Pro bono services should also be improved by ensuring the use of “adequate insurance and education for legal practitioners”, in addition to promoting awareness of the disbursement of funds that practitioners can claim.

The LCA also proposed preventing legal needs by identifying the issues early, unbundling legal services, and introducing joined-up services, low-bono services or third-party litigation funding. This is in addition to reducing costs of disputes by deciding more cases on paper, capping the costs, encouraging the courts to adopt costs-conscious processes, and avoiding undue complexity in legislation drafting.

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Further recommendations include alternative dispute resolution, self-representation resources, ombudsman services, legal expenses insurance, and incentive schemes to encourage more lawyers to seek work in regional, remote and rural areas.  

“This will require a multifaceted approach and support from both policymakers and the legal profession to remove the barriers faced by the missing middle,” Dr Brasch said. “The strategies unveiled today will provide a foundation for the Law Council to advocate for and achieve positive change.”