Second-Rate Justice, Says Rotorua Lawyer

Rotorua lawyer Harry Edward is speaking out about the legal aid cuts, with a third of lawyers nationally deciding to opt out of the new legal service providers scheme.

Rotorua people who qualify for legal aid will be getting "second-rate justice" under changes to New Zealand's legal aid system, a local advocate says.Changes coming into effect in March include a fixed fee rather than an hourly rate for many cases in criminal, family and civil courts and Waitangi Tribunal proceedings. As part of another change to legal aid introduced late last year, people in some cases are already unable to choose which lawyer they representing them.

Rotorua beneficiaries advocate Paul Blair fears people who can't afford to pay for their own lawyers may not get decent legal representation.Lawyers are also concerned, saying people face being represented by less-skilled or inexperienced counsel because the changes have prompted many lawyers to pull out of the legal aid scheme.

The changes are part of the Government's plan to reduce growing legal aid costs.In the year ending September 30, 2011, almost $4.3 million, excluding GST, was paid for legal aid in Rotorua, according to Ministry of Justice figures.Beneficiaries advocate Paul Blair said the changes were a huge concern."Yet again people on low or fixed incomes or benefits are going to suffer. They are not going to be represented, talked into pleading guilty or given poor representation. They are going to be convicted when they shouldn't be because they can't get decent legal representation.

They are just going to get second-rate justice."Mr Blair was eligible for legal aid when he stood trial for selling cannabis and possession of the drug for supply last year. He was found guilty but is appealing.Despite being a qualified lawyer, Mr Blair said he would not have represented himself."It's very hard to keep a cool head and represent yourself when you are in trouble. One loses objectivity."Rotorua lawyer and New Zealand Law Society president Jonathan Temm is among about a third of lawyers nationally bowing out of the legal aid system because they won't get paid enough for the work involved.

"The Law Society is concerned lawyers will not be able to meet their professional obligations. It's such a small amount of money. You cannot do it on this fixed fee."He said experienced Rotorua lawyers were opting out of the scheme which could lead to less-skilled lawyers representing people.The fixed fees vary from $100 to alter someone's bail conditions to $2650 to prepare a trial. They apply to various court appearances including guilty pleas, defended hearings, trials, pre-trial conferences, callovers and applications for name suppression.Rotorua lawyer Harry Edward said people were being assigned to lawyers they didn't know.One of his staff was leaving and he could not afford to replace her as a result of lawyers now being assigned to legal aid, rather than clients being able to choose their lawyer, he said.

Source: Rotorua Post