Criminal defence lawyers are boycotting legal aid cases because they want Government to substantially hike up their fees, The Royal Gazette has learned.

legal aid rates of $100 an hour have not changed since 1989, and lawyers want them raised to bring them closer to the fees paid in private practice, said leading defence lawyer Mark Pettingill yesterday.

The Royal Gazette understands that the lawyers are seeking to have the legal aid fees raised to $300 an hour, which is thought to b close to what defence lawyers in private practice will get.

Mr. Pettingill said the leading criminal defence lawyers - around eight people - have reached a consensus they cannot afford to do legal aid cases.

He said they have agreed not to touch legal aid cases until the rates are substantially raised, and they have been turning down new legal aid cases in the past few weeks.

Bermuda Bar Association has taken up their case that legal aid rates are substantially below the the market rate and is preparing to make recommendations to Government about this.

It is understood the lawyers' decision is contributing to a backlog of cases waiting to come before the courts.

At Magistrates' Court yesterday, one accused man who was granted legal aid was unable to find a lawyer because of the boycott.

“There is a consensus among the defence counsel that we will not be taking any new legal aid cases until the rates situation is addressed,” Mr. Pettingill said.

“People who have existing cases are not telling people to go away, they are just not taking on any new cases.

“The legal aid rates have not changed in more than a decade and while the system is well run, the rates are notoriously low.

“When it comes to a serious murder case, you can easily put in 300 to 400 hours work, which is quite a chunk of your time, and the remuneration, in the sweat ratio, there is no equity compared to private work.

“No one expects the rates to be on a par, but they haven't moved on for years. It takes longer to get paid and you get a huge delay waiting for the cheque.

“All in all, people are saying, we have had years to have this addressed and a consensus has been reached among members of the defence bar to say we are not going to do it any more, and that's a pretty united position.

“People are entitled to the best representation they can get. People may say they don't deserve it, but if you are accused of a crime, it is constitutionally fundamental that people have appropriate representation, and you can't have people convicted because they don't have proper and full representation.

“Now people can't be properly represented. We are saying because of the fee structure, we have staff to pay and we have expenses and research costs, and we are not paying our staff any less (than those in private practice).”

Bermuda Bar Association vice-president David Kessaram confirmed last night that the Bar Council is set to make recommendations to Government following the complaints.

“The matter has been raised has been raised by certain members of the Bar with the Bar Council and the Bar Council is looking into it and expects to make some recommendations sooner rather than later,” he said. “The concerns were that the rates offered were way below the market and it was uneconomical for lawyers to accept legal aid briefs.

“I believe that it is the view of the Bar Council that it is just uneconomical for lawyers.”