Generalist Specialist CLC Project - Models

Contents:

 

Twelve stand-alone models

The following Stand-alone models were directly informed by the findings of the Project Consultation Period, during which we took note of comments and ideas expressed by CLC personnel and observed current practices. Prototype models adapting those practices and ideas were then presented to the Sector for further comment and subsequent modification.

The twelve stand-alone models address the stand-alone challenges the CLC Sector identified.

1

Triage and Referral Lawyer

Objective:  To improve the quality of referrals by prioritizing effective intake, triage and referral

 

Description:  A lawyer at a generalist centre is given part-time triage & referral responsibility.  That lawyer will develop a detailed understanding of the intake processes, casework guidelines and other procedures for the 3 or 4 Specialist CLCs to which they most regularly refer.   The lawyer will spend time at those Specialist CLCs learning their processes and developing an ongoing rapport.  The lawyer will then spend a part of each day at their own CLC focussing on client triage and referral for clients that come to their service.  They will also participate on internal case conferences and conduct warm referrals in/out. The more experienced the lawyer performing this role, the better.

 

Evaluation:  The model will test the efficiency of having a lawyer dedicated to the front line client intake, triage and referrals and test how establishing inter-CLC knowledge and communication improves those processes.

2

Administrators Exchange

Objective:  To improve the ability for Generalist CLC administrators to refer clients effectively and accurately to Specialist CLCs

 

Description: A Generalist centre will identify 3 or 4 of the most common Specialist CLCs to which they most regularly refer and visit each to develop an understanding of intake process / referral pathways and build a relationship.

 

Evaluation:  The model will evaluate how administrators can best improve their capacity to refer clients accurately.

3

Specialist Secondee

Objective:  To ensure access to specialist expertise in a generalist CLC by placing a Specialist lawyer at a generalist centre.

 

Description:  A Generalist CLC will identify community need for a specialist field of law for which they don’t have expertise.  The Generalist CLC will then work with a CLC with that specialist knowledge to build expertise.  The specialist lawyer would be seconded to the centre on set days.  The Generalist CLC and specialist secondee lawyer would formulate a plan with activities aimed at imbedding specialist knowledge.  On each visit, activities could include: training for staff, revision of files, shadowing appointments, training admin staff on referral pathways, providing secondary consultations and mentoring of generalist clc staff. 

 

Evaluation:  The model will test the best methods for imbedding specialist knowledge in a Generalist CLC so that it remains after the Specialist lawyer’s secondment ends. 

4

Collaborative Clinic

Objective:  To develop specialist expertise in a Generalist CLC through collaborative specialist clinics. 

 

Description:  A Generalist CLC will identify community need for a specialist field of law for which they don’t have expertise.  The Generalist CLC will then work with a Specialist CLC (or a Generalist with specialist knowledge) to design a clinic.  The Generalist CLC and Specialist CLC will work together to design the best methods for delivering the clinic.  This could include co-counselling, supervision by the Specialist and/or intense training. The clinic will be delivered at a location within the Generalist CLC’s catchment.  Complex matters coming out of the clinic can get referred to the Specialist CLC.

 

Evaluation:  The model will test the best methods for imbedding specialist knowledge in a Generalist CLC through practice in a clinic setting.

5

Supported Casework

Objective:  To ensure adequate access to expertise of Specialist CLC lawyers through a process of supported casework.

 

Description:  Generalist CLC and Specialist CLC (or a Generalist with specialist expertise) partner in a formal process of testing methods for secondary consultation.  A secondary consultation involves a generalist CLC running a file and taking instruction from a client and then seeking advice on the matter at regular intervals from the Specialist CLC.  This model requires two centres to enter into an MOU wherein the Generalist undertakes to open a number of case files in a specialist area and then seek assistance from the Specialist CLC.  The Specialist CLC would provide a number of ‘discrete assistance’ tasks for each file; such as advice, legal information or tasks including research or drafting of complex documents. At all times the Generalist centre would retain carriage of the matter, although if needed the Generalist CLC could brief the Specialist CLC to appear in Court.

 

Evaluation:  Testing best practice processes for secondary consult as a way of developing specialist knowledge in a Generalist CLC. 

6

Priority Contact Protocols

(The Red Phone)

Objective: To create communication channels and protocols so that Generalist CLC lawyers can quickly and easily connect with Specialist CLC lawyers for advice and secondary consultation, and Generalist CLC administration staff can do the same with their Specialist equivalents.

 

Description:  Participating CLCs (Generalist and Specialist) develop processes to ensure direct priority access and clear communication channels (via email and/or phone) between frontline Generalist CLC staff and lawyers from a Specialist service. 

 

Evaluation: The model will test the most effective methods for connecting workers in CLCs with specialist knowledge. It will test the best communication channels for referral, worker legal advice and secondary consultation. It also seeks to test the sustainability of worker only communication channels across the CLC sector.

7

Specialist Training Quarterlies

Objective: To ensure specialist knowledge is disseminated to Generalist CLCs through specialist training.

 

Description:  One Specialist CLC would consult with two or three Generalist CLCs to develop a Specialist training program for CLCs. That program would be delivered a day per quarter for the entire CLC Sector and double as an opportunity for networking.  Training would aim to develop the specialist legal expertise in centres which didn’t previously have that expertise to a level where they could confidently provide information and advice to the public.

 

Evaluation: The model will test how one-off training tailored to CLC lawyers can help build expertise in Generalist CLCs and to see how networking opportunities improve inter-CLC referrals, collaboration and communication.

8

Knowledge Management Portal

Objective:  To ensure specialist knowledge is made available to the CLC sector along with practical tools to allow generalist CLC lawyers to undertake basic aspects of specialist areas of law effectively.

 

Description:  One Specialist CLC would consult with two or three Generalist CLCs to develop material, specific to an area of law relevant to the CLC sector, which can be made available online. Material could include precedents, manuals, you tube tutorials and training webinars.  The Specialist will develop the materials and devise the best way to centralise access to it and maintain it. 

 

Evaluation:  Testing how subject matter specific information can be made available so that CLCs can independently develop specialist expertise.

9

Referral MOU

Objective: To improve clarity and understanding between Generalist and Specialist CLCs by developing protocols for referrals.

 

Description:  A Generalist CLC works with three or four of the Specialist CLCs to which it most commonly makes referrals and develops an MOU regarding best practice referrals. (This could work the other way – one Specialist and several Generalists). Included in the MOU is an undertaking to do a periodic presentation to staff at the Generalist CLC on casework guidelines and referral pathways, during which, improvements will be made to the MOU.

Evaluation:  The model will test whether MOUs, accompanied with basic training, improve the accuracy of referrals to Specialist CLCs

10

Referral Tracking

Objective:  To track referrals in and out of a group of CLCs to better understand the ‘referral roundabout’

 

Description:  A group of CLCs with interest in improving their referrals and their M&E capacity will enter into a process of testing and tracking the effectiveness of their referrals. Each participating CLC will take a baseline snapshot of referral success, then monitor their referrals over 6 months to determine areas for improvement.

 

Evaluation:  The model will aim to generate data of how, and where, the ‘referral roundabout’  operates for clients seeking assistance from CLCs.

11

Formalised Shadowing

Objective: To ensure effective access to specialist expertise is developed in Generalist CLCs by providing opportunities for Generalist CLC lawyers to shadow Specialist CLC lawyers at Specialist CLCs. 

 

Description:  A lawyer from a Generalist CLC attends a Specialist CLC for an intensive period (eg one day per week for a month then once a month for the following months) to upskill themselves in the specialist area.  The generalist CLC aims to develop the capacity to undertake legal work in the specialist area. 

 

Evaluation: The model will investigate the efficacy of shadowing in developing specialist knowledge in generalist CLC solicitors and what other activities might be required to make shadowing successful. 

12

Collaborative Systemic Advocacy

Objective: To investigate how advocacy and campaigns on systemic law reform can serve as a medium by which CLCs can better work together, and share resource.

 

Description:  A Specialist CLC works with three or four Generalist CLCs to address a legal issue common to their work with the view to engaging advocacy for law reform jointly.  The Specialist CLC acts as the coordinator; leading development of a briefing paper, scheduling strategy meetings and the development of a campaign strategy.  Participating CLCs will inform the process by participating in strategy meetings, providing client stories and case studies for media and law reform submissions, carrying out direct lobbying of decision makers in their catchment, and undertaking other coordinated campaign activities. 

 

Evaluation: The model will investigate the best ways for CLCs to work together around systemic advocacy.  The modes of collaboration will be the focus of the evaluation, rather than the actual outcome of any law reform activity.

 

Integrated Approach

Rather than test individual models at individual centres, we decided to adopt an integrated approach which brought together several stand-alone models and groups of centres. We chose this approach for the following reasons:

  • An integrated approach puts the focus on achieving broad outcomes of project, rather than specific activities.

  • An integrated approach allows models to be easily compared. If a group of centres is testing multiple models in a pilot, they will gain a good perspective on how they work individually and together. 

  • An integrated approach is in line with how best practice CLCs operate. CLCs are expert at finding creative solutions to client legal need.  These solutions often require a number of approaches. 

  • An integrated approach, with testing between groups of CLCs, will also allow us to evaluate collaborative practices between CLCs.

 

The Integrated Pilot Models outlined below respond to three integrated approaches.  We chose these three approaches because they incorporate all the above models in a relatively equal manner.  They also address the problems identified in the Interim Findings.  They are:

1. Improving Client Pathways;

This approach focusses on models and strategies that ensure members of the community seeking legal assistance from a CLC can get the appropriate assistance as quickly and efficiently as possible.  A great deal of feedback in the consultation process focussed on issues relating to the perceived ‘referral roundabout’. 

2. Streamlining Access to Specialist Knowledge;

This approach focusses on models and strategies which aim to provide a generalist lawyer access to specialist knowledge efficiently and effectively.  This approach is different from the Developing Expertise approach (below) in that it focusses on the need CLC lawyers have to quickly get advice from a specialist on what to do with a specific matter. 

3. Developing Expertise.

This approach focusses on embedding specialist knowledge in Generalist CLCs.  It differs from the approach Streamlining access to specialist knowledge in that the focus here is on training Generalist CLC lawyers to, eventually, be competent in addressing areas of specialty that are important in their catchment.  Models that are included in this approach focus on training for lawyers, developing CLC specific precedents and other activities where a generalist lawyer is up-skilled. 

 

 

Five integrated Pilot Models

 

 

 (Pilot 1)

 

 (Pilot 2)

 

 (Pilot 3)

 

 (Pilot 4)

 (Pilot 5)

Pilot Name

Ending the Referral Roundabout

Collaborative Casework

Sharing Expertise

Collaborative Advocacy

In Situ Exchanges

Integrated Approach

Improving Client Pathways

Access to Specialist Knowledge

 

Developing Expertise

 

Developing Expertise

 

Developing Expertise

 

Main Model

Triage and Referral Lawyer

Collaborative Clinic

Knowledge Management Portal

Collaborative Systemic Advocacy

Formalised Shadowing

Supporting Models

·         Admin Exchange

·         Referral MOU

·         Referral Tracking

·         Red Phone

·         Supported Casework

·         Red Phone

·         Quarterlies

·         Supported Casework

·         Red Phone

·         Specialist Secondment

·         Specialist Secondment

 

Lead CLC

One Generalist

One Generalist

One CLC with specialised knowledge (could be Generalist or Specialist) and materials they wish to share.

CLC with specialised knowledge (could be Generalist or Specialist) and the idea for an advocacy campaign.

One Specialist

Partner CLCs

3 or 4 Specialist CLCs from whom and/or to whom the lead CLC most commonly sends and receives referrals.

One Specialist CLC identified by the lead CLC as having a specialisation relevant to legal need in the lead CLC catchment.

Three generalist CLCs with an interest building expertise in that field of specialisation.

FCLC (Quarterly)

 

Three generalist CLCs with an interest building expertise in that field of specialisation.

Two Generalists

Possible Other stakeholder

Specialist within VLA

No

VLA – for presentation

No

No

 

For more detail on each of the integrated pilots, see the tables below.

 

Integrated Pilot Model ONE

Pilot Name

Ending the Referral Roundabout

Integrated Approach

Improving Client Pathways

Purpose

Designed to test a best-practice system under which a client can approach a Generalist CLC for assistance and an experienced lawyer will conduct triage; either giving the client the help the immediate help they need, booking them in for a casework appointment or referring them with accuracy and certainty to the appropriate Specialist CLC.

Main Model

Triage and Referral Lawyer

Supporting Models

  • Admin Exchange

  • Referral MOU

  • Referral Tracking

  • Red Phone

CLCs Involved

  • A lead Generalist CLC.

  • 3 or 4 Specialist CLCs from whom and/or to whom the lead CLC most commonly sends and receives referrals. (As determined by the lead CLC.)

Other stakeholder

If it is determined that there is a common referral pathway between the Lead CLC and VLA – they could substitute one of the Specialist CLCs involved for VLA – using the same approach and methodology.

How it will look in Practice

This pilot is ideal for a generalist CLC looking to improve their triage and referral processes.  One generalist CLC will act as lead CLC and work with a group of Specialist CLCs to which they regularly refer. 

 

A lawyer at a generalist centre is given part-time triage & referral responsibility.  That Generalist CLC will identify the Specialist CLCs to which they most regularly refer. The Triage and Referral lawyer, accompanied by the Administrator would attend those Specialist CLCs to develop an understanding of the intake processes, casework guidelines and other procedures of those Specialist CLCs, and develop an ongoing rapport.  The lawyer will then set up a system with the administrator whereby the lawyer will be available to spend a part of each day at their own CLC focussing on client triage, referral and call-back for clients that come to their service.  The lawyer will also participate on internal case conferences and conduct warm referrals in/out – deciding when it is appropriate for the lawyer to make referrals (warm referrals) and when the Administrator can do it (cold referrals).

 

A Referral MOU will be developed between the lead and partner CLCs to ensure consistency of approach. Referrals will be tracked during the testing period to determine accuracy. A direct telephone number will be shared between CLCs to facilitate communication.

 

Integrated Pilot Model TWO

Pilot Name

Collaborative Casework

Integrated Approach

Streamlining Access to Specialist Knowledge

 

Purpose

Designed to test a clinical approach to increasing immediate inter-CLC access to expertise, and following it up with ongoing collaborative casework.

Main Model

Collaborative Clinic

Supporting Models

  • Supported Casework

  • Red Phone

CLCs Involved

  • One Generalist CLC (Lead CLC). 

  • One Specialist CLC (or a Generalist CLC with specialist expertise) identified by the Generalist CLC as relevant to their catchment.

Other stakeholder

No

How it will look in Practice

A Generalist CLC will identify community need for a specialist field of law for which they don’t have expertise.  The Generalist CLC will then work with a Specialist CLC to design a clinic.  The Generalist CLC and Specialist CLC will design the best methods for delivering the clinic.  This could include co-counselling, supervision by the specialist and/or intense training prior to the clinic. The clinic will be delivered at a location within the Generalist CLC’s catchment. 

 

If casework comes out of the clinic, the lead CLC will utilise the support of the specialist under the Supported Casework model: the Generalist CLC runs the file and takes instruction from the client, seeking advice on the matter at regular intervals from the Specialist CLC.  The Specialist CLC would, ideally, only provide a number of ‘discrete assistance’ tasks for each file; being advice, legal information or tasks including research or drafting of complex documents.  At all times the Generalist CLC would retain carriage of the matter, although if needed, the Generalist CLC could brief the Specialist CLC to appear in Court. Processes would be regularly reviewed and updated in an iterative process

 

Complex matters coming out of the Clinic would be referred immediately to the Specialist CLC rather than going through the Supported Casework model.

 

Both CLCs would establish direct lines of communication to facilitate the implementation of this integrated model.

 

Integrated Pilot Model THREE

Pilot Name

Sharing Expertise

Integrated Approach

Developing Expertise

 

Purpose

Designed to test a collaborative approach to identifying information and training needs, followed by the focused application of that newly imparted knowledge.

Main Model

Knowledge Management Portal

Supporting Models

·         Quarterlies

·         Supported Casework

·         Red Phone

CLCs Involved

 

Specialist CLC (or Generalist CLC with specialised knowledge) with materials they wish to share.

Two or three generalist CLCs with desire to build their expertise in that field of specialisation.

Other stakeholder

FCLC will need to host and promote the Quarterly

VLA and other expert stakeholders may be invited to participate in the Quarterly.

How it will look in Practice

A Specialist CLC will work with two or three Generalist CLCs to develop a suite of information guides / training tools especially targeted to meet the needs of Generalist CLCs. That material will be uploaded onto a special page of their website (the Knowledge Management Portal).

 

That same Specialist CLC will also plan (using input from the same 3 Generalist CLCs) and run a training day (Quarterly) to further share their expertise to the broader CLC sector.  Experts will be invited to present at the training day – from the Specialist CLC, Vic Bar, VLA and/or other relevant specialists in that field. The Knowledge Management Portal will be rolled-out at that sector training.

 

Once the Portal is operational, and the Quarterly has taken place, the Specialist CLC will be available for case-specific secondary consults or advice to the 3 Generalist CLCs (supported casework), who will be encouraged to use the resources available on the Portal.

 

Key to this pilot will be testing how well information in the portal material is used by the sector.   The pilot will need to report on the resources involved in keeping a knowledge management portal operating long term. 

 

Integrated Pilot Model FOUR

Pilot Name

Collaborative Advocacy

Integrated Approach

Developing Expertise

 

Purpose

Designed to test the use of collaborative systemic advocacy as a medium for increasing expertise and understanding of specialist fields amongst generalist CLCs. Evaluation is focused on the campaign as a medium - not on the outcome of the campaign.

Main Model

Collaborative Systemic Advocacy

Supporting Model

Specialist Secondment

CLCs Involved

A lead Specialist CLC (or a Generalist CLC with specialised knowledge) and the idea for an advocacy campaign they wish to share.   

Up to three Generalist CLCs with an interest building expertise in that field of specialisation.

Other stakeholder

No.

How it will look in Practice

The Lead Specialist CLC will coordinate a campaign working group around a relevant legal issue affecting CLC clients.  The lead CLC will lead the development of a briefing paper, schedule strategy meetings and the development of a campaign strategy.

 

Partner Generalist CLCs will participate in the campaigning with activities including: attending strategy meeting and finding client stories relevant to the campaign that can contribute to media work, law reform submissions or other advocacy work.  They will also help with the ‘grunt’ work of campaigning such as lobbying MPs, raising awareness through key stakeholders and promoting the issue through local channels.   

 

The Lead CLC will conduct regular visits to the participating Generalists (Specialist Secondment) to provide ongoing training and support. 

 

Integrated Pilot Model FIVE

Pilot Name

In Situ Exchanges

Integrated Approach

Developing Expertise

 

Purpose

Designed to test a formalised approach to in situ personnel exchanges as a means of improving understanding of services and building capacity in expertise.

Main Model

Formalised Shadowing

Supporting Models

Specialist Secondment

 

CLCs Involved

One Specialist CLC

Other stakeholder

Two Generalist CLCs

How it will look in Practice

The Specialist CLC Lead will partner with two Generalist CLCs to investigate the best ways to develop specialist legal expertise in the generalist services.

 

A lawyer from the first Generalist CLC will go to the Specialist CLC for an intensive period (eg one day per week for a month then once a month for the following months) with the aim to upskill themselves in the specialist area.  The generalist CLC aims to develop the capacity to undertake legal work in the specialist area.   (Shadowing)

 

With the second Generalist CLC, a lawyer from the Specialist CLC will be seconded to the service.  The Generalist CLC and Specialist secondee lawyer would formulate a plan with activities aimed at imbedding specialist knowledge.  On each visit, activities could include: training for staff, revision of files, shadowing appointments, training admin staff on referral pathways, providing secondary consultations and mentoring of Generalist CLC staff.  (Specialist Secondment)

 

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