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Many of New Zealand's lawyers may not be able to get legal aid work under new rules.
The government has announced changes to the legal aid system in the wake of a damning report alleging corruption. Click here to read the legal aid report (pdf).
ONE News has been told by a source close to the legal aid changes that as many as 20% of all legal aid lawyers are not expected to make the grade to even do the work.
Under the new rules, Justice Minister Simon Power says all lawyers will now have to prove they are competent enough to do legal aid work.
"Those competency standards have to be met if counsel and lawyers wish to continue using taxpayers' money through legal aid to fund their activity," he says.
Problems with the legal aid system surfaced in a scathing review late last year. The Dame Margaret Bazley report alleged widespread incompetence and deliberate gaming.
"Some lawyers appear to be acting corruptly and should be disbarred," Bazley said in November.
The government has now announced a raft of changes that will require lawyers to pass a competency test every three years.
Duty solicitors will also have to show they are up to the job
and cases will only be assigned to lawyers who are qualified to do
the work.
Legal aid will also be doled out with more transparency.
But Power would not be drawn on ONE News' understanding that 20% of current legal aid lawyers might not make the grade.
"I'm sure that we will see some fall-off of those who are currently practising," he says.
The Law Society says it does not believe incompetency is as rife as alleged.
"I'd be very surprised if it was as high as 20%. My view is that the very great majority of legal aid lawyers are very competent," says John Marshall QC of the Law Society.
Lawyers ONE News spoke to agree and say the changes will have mixed results.
"It'll improve the minimum standard. So if somebody is assigned a lawyer, they will at least have the knowledge that they meet the minimum requirement," says Chris Wilkinson-Smith a defence lawyer.
Deciding those who don't meet that requirement will be the next big ruling for many lawyers.
Last year the total legal aid bill cost taxpayers $131 million.
The government does not expect the overall bill to reduce because it is not about limiting legal aid, but making the representation better.
