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Activist Legal Information Legal Context of Activism Activist Legal Support

Setting up a Legal Support Team

This document was created to help organisers form an effective Legal Support Team for a large action.

It is a general overview of places to begin discussion and work. Read Legal Support Team roles for a look at the details and logistics of a legal support team.

There are a range of downloadable PDF forms and info sheets available at Legal Support Team resources that can be used or adapted to help set up a Legal Support Team.

Questions to consider

  • How will the legal team make decisions?
  • How will the legal team relate to the larger activist group or movement? Will it act independantly or as a part of the alliance?
  • What are the goals of the Legal Support Team? What assumptions are implicit that need to be made explicit?
  • Who are you committing to provide legal support for? (e.g. anyone arrested in conjunction with the action, only those participating in particular actions, only those whose tactics or charges fall inside the action guidelines, etc.)
  • What are likely police tactics (e.g. police picking people up in small groups after the action, rather than in mass during the action)? What are possible strategies to deal with these tactics?
  • Are there pro-active legal or political steps you can take to respond police or government harassment and pre-emptive repression? (e.g. intervention orders, putting the police on notice, media blitz, human rights observers etc.)

It is also worth using the International Covenant of Civil and Political Rights (ICCPR) as the basis of the Legal Support Team's mandate. This can be part of the training and used in liasion with police and authorities.

Lawyers

It's crucial to establish good relationships with the local legal community.

Connect with progressive legal organisations, as well as public defenders. Also, if you don't already have ties in the local legal community, ask local activists which lawyers might be interested and who can help the legal team network.

Arrange a group meeting with all the lawyers who are interested and all members of the legal support team.

Lawyers are usually busy, so the earlier you can let them know what kind of help you will need, the better.

Make sure everyone's commitments are clear so that you know what to expect and they don't feel put out. Don't expect lawyers to come to every meeting or training, but let them know what is happening and that they are welcome to come.

Communication is key. Be friendly and respectful and make them a part of your team.

Issues to flag

  • Make sure legal team members and volunteers don't always get stuck doing the same mundane tasks. This is especially true with the Away Team (the people who go out into the streets, jails, and courts), which can be fun and exciting, versus the Office Team (the people who take all of the calls and process all of the information), which can be frustrating and stressful.
  • The legal team can only be effective if everyone has good information. Share information effectively between Away Teams and the office as well as within the office.
  • Most lawyers are used to working hierarchically. There are sometimes issues with control and power dynamics between activists and lawyers. This can be a big problem when it comes to decision-making and information sharing. Be sure to identify and deal with any issues before the action.

Volunteers, students and para-legals

Volunteers are critical for the success of your Legal Support Team. Here are some tips:
  • Think about how you plan to train volunteers and incorporate them into the office.
  • Do recruitment and get them involved early on so that you'll have enough people.
  • Coordination/scheduling of volunteers is difficult, and should be done as much in advance as possible.
  • The legal support office or tent can be hell, and people can get burned out quickly. Show your appreciation, let people take breaks, and vary their tasks.

Trainings

Be prepared to give trainings on Know Your Rights, Police powers, Arrest watching, Legal Observing, and Legal Solidarity Tactics, (if you're using it). See Legal training for activists.

All PDF and word guides in the Activist Guides section of this site can be used as handouts for legal trainings and briefings.

Legal/judicial research

Research the state or commonwealth legislation regarding specific charges and offences relating to the campaign or action planned. Produce educational materials for training and legal briefings. See DIY Legal Research as well as other sections of this website as a start.

See S11 Legal Support Team as a case study

This section is adapted for the Australian context from the Midnight Special Law Collective paper. The original can be found at www.midnightspecial.net
ReichsteinFitzroy Legal Service
Victoria Law Foundation