Hi, I just wanted some help with the question for the following scenario as I am struggling to identify the ethical issues. So far, I have identified lack of access to justice (due to language barrier) and lack of cooperation from Ali. Could you please help me identify some more and help me determine if Sandra dealt with these issues appropriately?

QUESTION: "What ethical issues are raised in the scenario, and do you think the lawyer (Sandra) dealt with them appropriately?"

FACT SCENARIO:

Sandra is a lawyer at Kingsford Legal Centre, who is seeking guidance from an off-camera supervisor, Emma.

"Hi Emma, I have just finished speaking to the client (Ali) and I just wanted to talk through a few issues with you if that's okay. I am feeling a bit stuck as to how to approach the situation. I have just had an appointment with Ali who booked in for some advice. I just wanted to check in about my approach as there is some urgency to the situation.

Ali, the client came to us because he lost his job as a kitchen hand in the local restaurant. We found our about the job loss as he was getting a food parcel from a local community agency who referred him to us for advice. He has been reluctant to come talk to us and even today looked very distressed.

He came to the Centre for his appointment today and looked quite dishevelled. While we were waiting for the interpreter, I said hello and told him my name. We made him some tea and gave him some biscuits. The interpreter arrived and we went into the interview room. I said: "Hi my name is Sandra, and I am a lawyer here. This is Ali who has come to the Centre for help, but I don't have any details, so we are going to have a chat about a legal problem he has." The interpreter introduced herself and translated what I said to Ali. We all nodded and said hello to each other, but I noticed Ali was not looking at me or the interpreter.

I said, "First I am going to ask you some personal information such as where you live and contact details". When the interpreter interpreted this, Ali shook his head and responded to me in English "No details. All personal. Too dangerous for me." I looked at him and said "I need to have some information so I can help you. We will keep everything private. Let's use the interpreter as we have her". Ali replied to the interpreter in Arabis "No, I just need you to write a letter to get me money. I have no money and I need some money. My boss is a very bad man. I know what you can put into the letter to get the money for me." He was pointing his finger on the table quite insistently as he said this.

I said "Okay let's chat about this as it sounds very hard for you, but we will need to get some further information later form you. Can you tell me about your work for the boss." He said that he came out here from Jordan on a sponsored visa as he is a chef with very high skills and came here expecting to work as a chef in a fine-dining restaurant. But when he got here, he realised it wasn't fine dining, it was just a little restaurant in Kingsford. He was promised accommodation but when he got here it wasn't what he expected as a fully trained chef. He told me: "I felt like I had no choice as I didn't know anyone, and I had told all my family I was coming to work fine dining. To add to the insult, he had me work as a kitchen hand not as the chef. The restaurant was disgusting. It upset me to work there. But I had no choice." Using the interpreter, I said "Oh that sounds terrible. I will need to get full details of when you started and what you were paid." Ali listened to the interpreter, but as she talked, he started to shake his head and said in English 'No, no payslips. I need you to write, pen and paper. My boss is a bad man, very criminal. I know what to say to get money to live." He was very animated and angry at this point. I said "Oh okay, what do you mean criminal? Do you want to make a report to the Police or to the Fair Work Ombudsman, they can help if your employer doesn't pay you correctly?". Ali listened to the interpreter and began shaking his head and said in Arabic "No, no authorities. That would be very dangerous for me. Also, I need my visa. I know how to get money to live. That is what I need right now. No immigration." As Ali was really struggling and wouldn't answer questions about his housing situation, I tried to get more information. The interpreter interpreted for me: "I am worried about your situation Ali. We can help you with your employment rights, but it also sounds like you are struggling just to live now. Do you have somewhere to live? Do you have money for food?"

Using the interpreter, Ali said "No I am sleeping here and there. Sometimes at a bus stop and sometimes a friend will let me stay on their couch. I had a small apartment, but my boss changed the locks, and I couldn't get back in. In here was my passport, my papers everything." I said through the interpreter "We need to get you somewhere to stay. I think we should focus on that today. We can help you find a homeless shelter, so you have somewhere to sleep and be fed. Then maybe we can chat about dealing with your employer, working out your rights for your apartment and money owed." I waited for the interpreter to interpret this. Before she got to the end, Ali started shouting and shaking his head quite vigorously and saying in English, "No, no. I need you help. I want $200,000 from my boss and my job back. This is what he owes me. I do not want immigration to know he sacked me. You are a lawyer you can do this for me. I cannot go to a shelter. No authorities can know. Are you going to tell the authorities? This is a mistake." Ali started to get up and I and the interpreter motioned for him to sit down.

At this stage I was thinking Ali was going to leave without us getting any information. I explained that I can give him advice about his rights under Australian law. We can work out if he has been underpaid and if he was evicted unlawfully. He might be able to get money from his employer, but this can take time. I said: "Do you have any documents you can show me? Cn you tell me who his employer is. Do you have an Australian bank account?". As the interpreter finished, Ali shook his head and spoke very quietly in Arabic. He started to cry. He said "This is not the help I need. You are not listening to me. Please you must help me. I have nothing and no one to help me. I cannot eat, I cannot sleep. I am trapped in Australia. I cannot tell you who my boss is. He will do things. I have seen him do ruthless things. He lies on all the paperwork. He has friends with the Police and authorities. I am not safe. He owes me $200,000; this is what I need. Please help me. I need to live." I went and got him some tissues and the interpreter told me that she can help him. She told me that through a friendship association, we can help him work out his situation and that his boss might be dangerous. The interpreter told me she thinks the boss has criminal connections in Australia and in Jordan and it is not safe for Ali to involve lawyers and maybe this is a bad idea.

So, this is where I have left it for now and I wanted to check with you for some guidance. Ali and the interpreter are still here but they have been here for nearly two hours and the interpreter booking will end soon.