Criminal lawyers in Marlborough are concerned over a proposed flat fee for legal aid lawyers.
Marlborough Law Society president Bryony Millar said the proposed changes by the Justice Ministry to pay legal aid lawyers a flat fee instead of an hourly rate would create a two-tiered system.
The ministry is proposing the change as one of many fixes to the system, which received a damning report in 2009 by Dame Margaret Bazley.
The report estimated up to 200 lawyers were abusing the system by delaying cases and racking up legal aid bills on the taxpayer.
Mrs Millar said the fixed fee seemed to be "dumbing down the system" and would encourage legal aid lawyers to do less work on a case.
That means people who could afford their own lawyer would get better service, she said.
Legal aid helps pay legal fees for those who cannot afford a lawyer. The fees differ depending on the seriousness and type of crime and also include flat fees.
Law society Marlborough branch members met on Monday to give their feedback and these would go to the national body to be included in its submission to the ministry on the changes, Mrs Millar said.
People should be concerned because the flat fee would eventually be rolled out into other courts including family and civil courts, she said.
While some may not think they would end up in court, if they were charged with careless driving causing death they would want to choose their own lawyer and hope the lawyer would put the work into preparing for the trial.
A flat rate of $1200 for that case was not enough for the amount of preparation needed for a trial, she said.
"When you're meeting with witnesses, watching the client's interview, preparing cross-examination and the opening argument it doesn't take long to see that's not a large amount to be paid [for the amount of work]."
In November last year, those applying for legal aid lost their ability to choose which lawyer they wanted to represent them in court.
- The Marlborough Express SIMON WONG
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