Backlash on legal aid plans

Taranaki lawyers call proposed changes to the legal aid system "appalling and outrageous".

The Ministry of Justice wants to remove the rights of defendants receiving legal aid to choose their lawyer. Instead legal aid cases will be allocated on a strict rotational basis.

Lawyers say the move will undermine the trust and confidence fundamental to the lawyer-client relationship and could result in increased appeals.

New Plymouth barrister Kylie Pascoe is objecting to the Ministry of Justice, on behalf of the majority of the Taranaki Criminal Bar.

Miss Pascoe says the most concerning aspect is the removal of consumer choice.

"The loss of the long-standing relationship will have far-reaching negative impact on the quality of representation in circumstances where the consumer does not have the necessary trust and confidence in their advocate that is usually built up over time," she says.

"It is also likely to result in a loss of high-quality representation from preferred lawyers who currently attract a greater share of legal aid assignments due to their competency and dedication to the role."

Another New Plymouth lawyer, Barry Henderson, says the proposal will dissolve the continuity and trust between a client and counsel.

"In my view it is appalling and outrageous," Mr Henderson says.

Minister of Justice Simon Power says the changes were to ensure all legal aid lawyers were competent and suited for the cases they undertook.

The current system was introduced in 2001 to allow clients to choose the best lawyer for them, he says.

In a report, Dame Margaret Bazley expressed concerns it was not working and that some lawyers were taking on unmanageable case loads.

"I agree with Dame Margaret that the potential abuses of the system far outweigh the benefits," Mr Power says.

"I encourage lawyers to have input into the Legal Services Agency proposals and make a submission."

Lawyer Julian Hannam says the changes breach the Bill of Rights.

"They are an attack on the right to a fair trial. Fundamental to that is the confidence and trust between a lawyer and client," Mr Hannam says. "Where there is no such confidence the client can properly conclude that they haven't had a fair trial."

Lawyer Paul Keegan says the changes will discriminate against successful and competent lawyers.

"Market forces have previously tended to favour the lawyers who are most popular and achieve the best results," Mr Keegan says.

"Lawyers have an interest, not only in terms of their client's position but also in terms of their reputations generally, to do their best because it will inevitably lead to more clients wanting to use their services because of a demonstrated ability."

Mr Keegan says less successful lawyers will now receive an equal amount of cases and branded the move as amounting to socialisation of the criminal bar.

He rejected claims lawyers were creaming it on the current system.

"There is a perception of defence lawyers, in the public, that we earn a lot of money from the state representing people who don't deserve to have the money spent on them.

"In short, we are frowned upon. That's all very well until you need one of us and when you do, you want a good one and that choice is about to be removed," Mr Keegan says.

Grant Vosseler says the changes will treat people receiving legal aid like second class citizens.

"Defendants who can't afford to pay for their lawyer and are eligible for legal aid should have the right to choose their lawyer."

- © Fairfax NZ News