Defence lawyers say bad reputation unfair

Last updated 11:07 11/12/2009

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An Auckland barrister says the bad reputation some criminal defence lawyers have is the fault of politicians and "rabid, sensation-seeking" media.

Barrister Charles Cato told the Criminal Bar Association's annual meeting that politicians, law reformers and law report writers such as Dame Margaret Bazley should respect criminal defence lawyers who did relentless work at the coal face.

In a recent review of the legal aid system, Dame Margaret said up to 200 corrupt lawyers could be exploiting the system for personal gain.

Mr Cato's comments were reported in the Auckland District Law Society magazine LawNews.

He said he was disturbed by the increasing disdain in which criminal defence lawyers were held by some members of the public.

"The public perception now is troubling. I believe this attitude has been encouraged by politicians, as the system which has had little money spent on it, has creaked under the weight of a larger and more diverse population, and failed economic models and probably the dislocation of the family unit as we once knew it."

Criminal defence lawyers saw the impact of that lack of financial support through their clients and in probation reports.

Because there had not been practising criminal lawyers in influential positions in the Government in recent years "we have gone backwards", he said.

Mr Cato said (former) politicians like Martyn Findlay and Doug Graham, who had practised law, were more receptive than those who had not had that experience.

He said life at the "coal face" was difficult but not one created by defence lawyers who struggled with the human wreckage and carnage of Government policies which had created "a kind of Dickensian poverty among sectors of New Zealand society".

"Our position is compounded by a rather rabid, sensation-seeking press who do their best to denigrate criminal lawyers and encourage the public to confuse us with our clients.

"We are not a perfect profession but most criminal lawyers try very hard."

He said practising law in South Auckland could take a toll on health and family life.

After finishing her review of the legal aid system, Dame Margaret Bazley should now examine the crown position and "work your rationalising wand on that entity and its functions", he said.

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- NZPA

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