DIY justice as South Australian legal costs too much for many Tens of thousands of people are representing themselves in South Australian courts as the cost of legal representation increases. TENS of thousands of people are representing themselves in South Australian courts each year as the cost of legal representation spirals. Criminal court figures, released under Freedom of Information, reveal for the first time the extent of "self representation" in the legal system - and it is not only happening in the civil courts and Magistrates Court where the most minor matters are heard. It has prompted Chief Justice, the Honourable Chris Kourakis, to warn that the inability of some people to afford lawyers is a "grave concern" for the justice system. In the last financial year, 458 people appeared at a criminal District Court hearing without a lawyer, up from 414 last year and 261 two years ago. Overall, there were 46,032 court appearances by people without a lawyer last year, up from 42,423 in 2011/12. In the state's highest court, the Supreme Court, there were 44 criminal appearances in the last financial year, up from 23 in the year prior and 24 the year before that. Chief Justice Kourakis said the figures included defendants who may attend the first hearing unrepresented and have the case adjourned to another date on which they were represented. He said some people chose to represent themselves and the issue was not a matter of cost, but the inability of some others to afford lawyers was concerning. "In the Supreme Court and District Court (criminal jurisdictions), legal aid funding is available for most criminal matters, although some defendants choose not to be represented," he said. The level of funding also is sometimes inadequate to attract counsel with appropriate experience. In the civil jurisdiction, the issue most common to all courts is the high cost of legal representation relative to the amount in dispute. Even though statistical evidence is not available, the anecdotal evidence is that the proportion of litigants in person is increasing. Again, some people choose to conduct their own litigation. But for most litigants in person, it is the prohibitive legal cost which denies them representation. Both the high level of legal costs and the consequential impact on legal representation are matters of grave concern. Law Society figures show the cost of a complicated District Court assault and robbery trial that took 10 days is now as much as $100,000, compared to $40,000 to $60,000 ten years ago. For a civil case, a person must pay as much as $2200 to file a lawsuit in the Supreme Court and up to $2200 per trial day, plus as much as $20,000 for expert witnesses and transcripts. Senior lawyers can cost $3000-$10,000 a day at trial. Former Liberal Senator Mary Jo Fisher incurred a bill of $212,000 for a simple shoplifting trial. The extent of self-representation in South Australian criminal courts has never before been revealed, despite lawyers and others warning of the threat it poses to justice. Family First MLC Dennis Hood said he asked for the documents because of complaints from constituents about the spiralling cost of going to civil court, forcing people to represent themselves. "The figures for the Magistrates Court, the District Court and the Supreme Court all show a spike in the numbers of unrepresented defendant appearances in criminal matters in the 2012-13 year," he said. Numbers are now the highest that they have been in four years. Some people are not using lawyers because they simply cannot afford to. Our system of justice has become unaffordable for those who do not qualify for legal aid in many cases and this is a real problem that must be addressed. It is a fundamental principle of our society that justice must be accessible for all. The government needs to review legal aid funding to ensure that representation through legal aid is not reduced. Justice needs to be accessible and affordable for everyone whether they are entitled to legal aid or not. President of the Law Society of SA, John White, said the figures were concerning. "The need for legal aid far outweighs the resources available, meaning many people without it enter the courtroom with a significant disadvantage," he said. Without adequate legal representation, delays are inevitable and the justice system is put under further strain. The most vulnerable people are left without a voice before the courts. In major criminal matters especially, legal representation plays a crucial role in achieving just outcomes. Mr Hood said while the figures for civil courts were not available, the criminal court figures were concerning because unrepresented litigants took up more court time as matters were explained in plain English. "The numbers of hearings with unrepresented defendants must be reduced because it takes additional time for courts to deal with unrepresented defendants," he said. The judge or magistrate has to explain the procedures, and ensure that the defendant understands them and the choices to make. In a busy court, that delays the day's proceedings and leaves other defendants and their lawyers waiting - which is time-consuming and expensive. Mr Kourakis said in the last year, the courts had acted to ease the problem, including: PROVIDING space in the courts building for JusticeNet SA to provide free advice to litigants in person. ESTABLISHMENT by the Legal Services Commission of a civil duty solicitor service in the Magistrates Court. ENCOURAGING the parties to litigation in the Supreme Court to make consent orders by email in order to avoid court attendances. DEVELOPING a model for a fast-track litigation stream in the Supreme Court, District Court and Magistrates Court. CHANGING court rules strengthening requirements that parties disclose the substance of their claims and defences, and enter into face-to-face negotiations, before issuing proceedings. REVIEWING the allocation of court resources to mediation.