Aconference in Canberra last week was told of a “”crisis” in legal aid.
Don’t be fooled. There is no crisis in legal aid, but there is a more worrying trend which is only made worse by more legal aid.
Fortunately, the Federal Attorney-General, Daryl Williams has kept his head while all around bay for more money which, if past experience is any guide, will just go into a bottomless pit. The legal profession will absorb whatever funds are available and still call for more.
The “”crisis” is being viewed from the wrong angle. There is no crisis in legal aid. Rather there is a crisis in dispute resolution.
Indeed, it is difficult to imagine a more expensive, time-consuming method of dispute resolution than the British system of justice. And the same can be said about determining guilt.
At the time of the conference a fraud trial in the ACT Supreme Court was stayed indefinitely because the accused could not get legal aid. This was cited as a symptom of the legal-aid crisis. Nonsense. You need to look at it the other way. It is because our system of trials is so long and complicated that they are too expensive for legal aid to fund.
Let us not increase legal aid. Let us reduce the complexity of criminal trials and let us use better systems than the adversary system to resolve disputes.
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