Support for legal aid lawyers

Justice Minister Simon Power. Photo / Mark Mitchell

The New Zealand Law Society says most criminal legal aid lawyers are competent professionals who shouldn't all be tarred by a report saying some were abusing the process.

Law Society president John Marshall said he was taking seriously the claims in a report from Dame Margaret Bazley that some were "gaming the system" and possibly corrupt.

But he said the public should realise this was not the case for most legal aid lawyers.

"I do want to stress that the great majority of criminal legal aid lawyers are highly competent lawyers and persons of integrity who provide a high-quality service to their clients in very difficult circumstances and for inadequate remuneration," Mr Marshall said.

"It is grossly unfair for them to be tarred with the same brush as the comparatively small number of lawyers Dame Margaret refers to as the problem."

Dame Margaret's report, released on Friday, said some lawyers and defendants were "abusing the system to the detriment of clients, the legal aid system, the courts and the taxpayer".

She believed there was evidence that many lawyers had been acting corruptly in doing their work.

Administrative costs were out of control and the Legal Services Agency (LSA) seemed paralysed and unable to deal with the legal sector, the report said.

Mr Marshall said the law society was concerned about these statements, in particular specific allegations relating to the Manukau District Court, which he planned to visit tomorrow.

He said anyone aware of unscrupulous practices should contact the society's national lawyers complaints service.

"The standards committees dealing with complaints have lay members as well as lawyers, and all complaints will be thoroughly and professionally investigated.

"If corruption is established in any case, the Law Society would be asking the Lawyers and Conveyancers Disciplinary Tribunal at the Ministry of Justice to strike off the lawyer concerned."

Dame Margaret's report resulted in four members of the LSA board resigning.

It also resulted in the Cabinet agreeing to fold the LSA into the Justice Ministry, as recommended by the review, and appoint an independent statutory officer to oversee the granting of legal aid and the running of cases by the Public Defence Service.

Justice Minister Simon Power said a further review of the quality of legal services provided by legal aid lawyers and the disciplining of poorly performing lawyers would be made in two years.

- NZPA