Duty Counsel
Duty counsel are publicly funded lawyers available at Ontario courthouses to provide free legal advice to accused persons who do not yet have a private lawyer or who cannot afford to retain one. They are administered through Legal Aid Ontario. Duty counsel can be a lifeline for an unrepresented accused — but their role is limited, and accused persons with serious charges should retain their own counsel as soon as possible.
Mass Tsang LLP accepts both privately retained and Legal Aid-funded clients in eligible matters. For more, see our blog post on the rights of the charged or arrested.
What duty counsel can do
Duty counsel can: provide initial advice on bail, plea, and procedural questions; assist in negotiating with the Crown for routine matters; represent the accused at a bail hearing in many circumstances; help complete Legal Aid applications; advise on whether a plea would be in the accused's interest; speak briefly to a sentencing hearing on a guilty plea; and provide general information about court process. Their work is generally limited to a single court appearance and discrete questions — not ongoing representation.
What duty counsel can't do
Duty counsel cannot: provide ongoing representation through the life of a case; conduct a trial; manage complex Charter motions; or take on cases requiring extended preparation and strategy. For anything beyond a routine first appearance, the accused needs retained or Legal Aid-funded private counsel. Duty counsel will typically refer the accused to Legal Aid or recommend retained counsel for serious matters.
Legal Aid Ontario
Legal Aid Ontario funds private criminal lawyers to represent eligible accused persons. Eligibility is based on financial means and the seriousness of the charge. Accused who qualify can retain a private lawyer at Legal Aid rates; the lawyer is paid by Legal Aid rather than the client. Many established defence firms accept Legal Aid certificates for serious matters. Not every case is eligible — and not every lawyer takes Legal Aid work — so accused persons should check both their eligibility and the lawyer's availability.
Duty counsel vs. retained counsel
The choice between duty counsel and retained counsel is a function of the seriousness of the matter and the available resources. For a simple appearance, duty counsel may be sufficient. For anything more serious — particularly any matter where conviction would carry meaningful collateral consequences (employment, immigration, professional licensing) — retained counsel is virtually always the better choice. The first 24-72 hours after arrest are often decisive; engaging counsel early can change the course of a case.
Related glossary terms
