Ministermay hike fees for legal aid
Government has promised to "address the concerns" of defence lawyers who are boycotting legal aid cases unless they get a substantial rise in fees.
The Royal Gazette revealed yesterday that criminal defence lawyers have refused to take on any more legal aid cases - leaving defendants unable to get a lawyer - because they say the $100 an hour fee is uneconomical.
The newspaper understands the lawyers want the fees, which have not changed since 1989, to be trebled to $300 an hour to bring them more into line with what lawyers in private practice receive for criminal defence work.
Health Minister Nelson Bascome, who has responsibility for the Legal Aid Committee, released a statement yesterday saying he is looking into the matter.
A Government statement released last night said: "Minister Bascome said he became aware of the situation on January 28 when the President of Bermuda Bar Association, Trevor Moniz, wrote to him with his concerns about the fees paid to lawyers and since which he has endeavoured to look into the matter further.
"He has undertaken to address the concerns expressed by the legal community regarding the concerns about legal aid fees."
Around eight lawyers carry out the bulk of criminal legal aid defence work, and according to leading lawyer Mark Pettingill, they have all agreed to stop taking on more publicly-funded cases until fees are increased.
Mr. Pettingill said in yesterday's Royal Gazette: "The legal aid rates have not changed in more than a decade and while the system is well run, the rates are notoriously low.
"People have said 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."
It is understood the refusal of lawyers to take on these cases is worsening the backlog in Bermuda's courts.
The problem emerged on Wednesday at Magistrates' Court when a defendant revealed he had been approved for legal aid, but could not find a lawyer to represent him because they were refusing to handle these cases.
Assistant Justice Charles-Etta Simmons, who chairs the Legal Aid Committee, did not return a call for comment yesterday.
