Recent attempts by top defence lawyers to boycott legal aid cases in a bid to push up fees are completely unnecessary, according to Health Minister Nelson Bascome and Bermuda Bar Association president Trevor Moniz.

This is in light of the fact that discussions between Mr. Bascome and Mr. Moniz about legal aid fees actually began a short time before defence lawyer Mark Pettingill, backed by seven other defence lawyers, made headlines with statements about boycotting such cases.

"It was a hasty decision for anyone to just jump in when the appeal had just been made," said Mr. Bascome.

"Look at the time period when the Bar Association contacted the Health Ministry - we received the proposition right at the beginning of February, we've been in the budget debate, meeting in between debates. It was not done in kind to the Bar Association or the Ministry."

Mr. Moniz told The Royal Gazette he had met with defence lawyers to ascertain their formal position on legal aid fees and strategize how he was to present a formal appeal to the Minister. Mr. Pettingill, he added, was not at that meeting.

After the meeting, in the beginning of February, he took the lawyers' proposition to the Minister. Mr. Bascome agreed to talk with Mr. Moniz, however those talks were temporarily delayed as Mr. Moniz was travelling overseas. An agreement was made to meet when he returned.

While he was overseas, however, Mr. Pettingill told the media there was a consensus among defence counsels that they would not be taking on any further legal aid cases until the rates situation was addressed.

"I saw the headlines in the paper while I was away," said Mr. Moniz. "I don't really know where that came from, it was not helpful."

On his return Mr. Moniz, along with lawyer Victoria Pearman, met with Mr. Bascome and his Permanent Secretary. The meeting appears to have been successful. Mr. Bascome said he received the appeal and has already sent a proposal back to the Bar Association.

"It moved ahead very nicely," he said, with Mr. Moniz agreeing: "It's progressing very well."

Except for one problem: the matter of the boycott. "The Minister was a little upset (in the meeting)," said Mr. Moniz. "He was like, `Why are you guys doing this?'"

Attempts to reach Mr. Pettingill by The Royal Gazette were unsuccessful yesterday.