Claims of rip-off absurd, say lawyers

Lawyers practising in the Manukau District Court have come under fire with claims that many of them could be playing the legal aid system for their own benefit. Photo / Greg Bowker

Criminal defence barristers have pleaded not guilty to accusations that legal aid lawyers are ripping off the system.

Dame Margaret Bazley said unverified sources believed up to 80 per cent of lawyers practising in the Manukau District Court could be gaming the system by delaying a plea or changing pleas partway through to maximise payments.

Graham Newell, ex-president of the Criminal Bar Association, said the claim could not be substantiated and was "absurd".

"There are definitely problems in the legal aid system but the report is far too scathing in its criticism. That figure of 80 per cent is ridiculous.

"It's very harsh. This is what comes with a report that is based on anecdotal evidence. They are sweeping statements applied widely to all lawyers."

John Kovacevich, a barrister with 20 years' experience, said checks and balances were already in place to monitor incompetent or dishonest lawyers.

"It's up to the Law Society and the Legal Services Agency to do something."

He said legal aid ensured that everyone had access to justice and the reason why defendants changed their pleas was because police often laid too many charges.

More serious charges would be dropped in exchange for a guilty plea to the lesser offences, said Mr Kovacevich.

"We're not gaming or ripping off the system. We're doing our job. What I do it for is the one in 1000 people, who will change their behaviour as a result of some small part I play in their life."

John Anderson, who made submissions to Dame Margaret on behalf of the Criminal Bar Association, said the allegation that up to 80 per cent of Manukau lawyers were gaming the system was "hearsay without facts or figures".

In his experience, extra court appearances were more likely to be caused by delays in police disclosure or failures by court staff.

He pointed out Legal Aid Services figures that the average criminal case cost $938 in 2008 - an increase of just $6 from 2004.

However, barrister Lorraine Smith, who successfully defended Chris Kahui on murder charges, says change is long overdue.

"I'm thrilled with Dame Margaret's perceptive and intelligent report. I can't wait to see the shake-up at Manukau."