Low Legal Fees Cloud Criminal System

The Age

Friday November 14, 2008

Sarah-Jane Collins

AN INCREASE in barristers shunning criminal cases because of the low fees paid for legal aid work could lead to a breakdown in the criminal justice system.

A review of Victorian Legal Aid fees paid to barristers says that in the past three years the number of barristers undertaking more then 90% criminal work has dropped from 348 in 2005 to 258 in 2008.

The greatest decline has been in the number of junior barristers, with the biggest drop - 59% - in the lowest income group of those earning $50,000 or less.

The review, undertaken on behalf of the Victorian Bar Association by PriceWaterhouseCoopers, found that such a drop in the number of junior criminal barristers will compromise the effectiveness of the legal system.

"The number of criminal lawyers existing in the system and the absence of replacements indicate that the levels of legal aid are reaching breaking point," the report says.

The review found that since 1993 costs to barristers have risen by 56% and the consumer price index has increased by 44% but legal aid fees have increased by 16% and 31%, depending on the jurisdiction.

"On average, barristers undertaking legal aid work are paid approximately 50% below the median salary of their contemporaries," the report says.

© 2008 The Age

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