Ag october02

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Battle of the benches

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P17 ASHBURTON

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Thursday, Oct 2, 2014

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THE INDEPENDENT VOICE OF MID CANTERBURY

Legal aid under pressure Marilyn Gilchrist

BY DAISY HUDSON

DAISY.H@THEGUARDIAN.CO.NZ

Lawyers from Christchurch and Timaru are having to take on criminal legal aid cases in Ashburton, with just one local lawyer still performing the service. Russell, Moon and Fail Lawyers staff solicitor Paul Bradford is the only Ashburton lawyer still willing to take criminal legal aid cases, and he believed it was not cost effective for lawyers to take those cases any more. Legal aid is government funding that allows people to access legal help when

they cannot afford a lawyer. Mr Bradford said lawyers lost money on legal aid cases, and it wasn’t economic for large law firms. He believed changes to the legal aid system had impacted greatly on services in Ashburton, and the lack of local lawyers meant that people were not able to choose who represented them. The lack of local lawyers also presented a potential conflict of interest as the same lawyer could represent a large number of people, so lawyers from outside of town were necessary. A fixed-fee model of payment was

introduced in 2012, replacing the previous system that saw lawyers paid an hourly rate for legal aid work. Legal Aid Services general manager Michele McCreadie said the fixed fees were an interim measure, and a review by the Legal Services commissioner was under way. “It is recognised that some activities and cases will take more time to complete and some will take less time,” she said. Lawyers could seek additional fees if they believe the situation was justified, she said.

Everist Gilchrist Lawyers’ Marilyn Gilchrist used to take criminal legal aid cases, and she said it was “quite easy” for lawyers to work more hours than they were paid for. “I stopped doing criminal legal aid because it just simply takes a lot of time and quite a lot of stress, and the amount of money you get just isn’t enough,” she said. Ms Gilchrist said despite that, lawyers weren’t “just in this for money”, and she still took legal aid family work and served as a duty solicitor, along with Mr Bradford. PHOTO DONNA WYLIE 011014-DW-125

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