Justice Minister Simon Power must waste no time ensuring revelations of legal aid swindling and lawyer corruption are referred to the police for immediate investigation and prosecution of crooked lawyers.
Dame Margaret Bazley’s devastating expose of the $120 million-a-year legal aid scheme, released today, is a condemnation of those greedy and incompetent lawyers who cheat the publicly-funded system.
Her now widely published disclosures don’t come as news to the National Business Review, which has campaigned persistently for more than ten years for greater scrutiny and accountability over legal aid.
There are system-wide failings and the system is open to abuse.
For example, a claim now that up to 80% of lawyers working in the Manukau district court could be “gaming” the system by delays or changing pleas part-way through the process to maximise legal aid payments should be enough to initiate an immediate police inquiry.
It’s fraud by any other name.
Singling out one of the most shameful legal gravy-trains of all, Dame Margaret said as a matter of urgency, the government should clarify funding streams for Treaty of Waitangi claims and modify them to ensure there is not possibility of double or triple-dipping by claimants or lawyers.
Lawyers who swindle the system, often with the connivance of crafty criminal clients, must be removed from it.
Dame Margaret’s proposal to bring the legal service agency under the control of the ministry of justice has considerable merit and will make it more accountable.
In a statement today, justice minister Power said the government would act very quickly on the Bazley Report recommendations.
What Dame Margaret identified “goes to the very centre of the integrity of our legal system,” Mr Power said.
That legal system and the legal profession have been gravely injured by cheating lawyers.
We shouldn’t have to say we told you so.
But we did.
Comments
Bazley Report
The NZLS must have known about these matters and if they didnt then they are incompetent and should have no control over the legal profession.
They have turned a blind eye to these are other disgraceful examples in the past and are nothing more than a trade union.
Time for an independent legal authority to take charge of the profession and sluice out the Agean Stables.
cactus.kate@hotmail.com
And no name suppression for the offenders. Name them ALL.
Lawyer bashing - something new?
I was highly amused to read this very non-objective piece of reporting. Please tell me:
1. Why you are prepared to accept Dame Bazley's report in all its entirety? (Clearly you dislike criminal lawyers, but surely a little objectivity on the issue wouldn't undermine your arguments?); and
2. How you can justify your commentary that: "Dame Margaret’s proposal to bring the legal service agency under the control of the ministry of justice has considerable merit and will make it more accountable". It is an interesting statement, yet you provide nothing to back it up. Why is that?
Or perhaps this is a reactionary post to an issue that needs considerable more thinking on?
Bazley Report
NZLS does not have a statutory investigative body GD. LSA contracts lawyers not NZLS. NZLS will (and is obliged to - often to stupid levels) investigate any complaint and make appropriate judgment thereafter.
I have no issue with anyone found acting corruptly being charged although I suspect the police may require a bit more evidence than Bazley's "people I have talked to".
Bazley Report
If the two Manukau lawyers interviewed on TV3 the other night are typical, it is fairly clear where the problem lies. Lawyers first, clients second, the public third!
Crooked legal aid lawyers
The item was a commentary which supported a view NBR has held and campaigned on for some years. We have previously named some very senior lawyers caught claiming tens of thousands of dollars more than they should have from legal aid - and having their claims cut back. They are all still lawyers. It would not take police much investigation to identify corrupt lawyers and prosecute them for their wickedness. Crime is crime. What more is there to think about?
Bazley Report
GPT NZLS like all professional bodies have a disciplinary process. The professional body can instigate an investigation into a member or it can wait for a compliant. A real professional body will instigate an investgation as it will want to protect the integrity of it GOOD member and get rid of the BAD members. The NZLS sadly has shown itself to have feet of clay prefering to take no action even when complaints are bought It is a nudge nudge wink wink trade union seeking only to protect its members
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