Klao Bell, Staff ReporterThe Legal Aid Council wants to collect more money from its beneficiaries to offset millions of dollars in costs that its budget is unable to cover in providing the service.
Before January of this year, people who depend on the Government-run system for legal representation, either gave a small contribution or paid nothing at all. But, faced with increasing operational costs and an inadequate budget, the council has designed a method to raise contributions from beneficiaries.
"We have been collecting money through the BNS since January of this year...if there's someone who normally wouldn't be able to afford a lawyer, but can make a contribution of $5,000 or $10,000 - whatever they can afford it would be good," said Nancy Anderson, executive director of the Legal Aid Council.
Vouchers with the council's account number are available to accused persons at Resident Magistrate Courts across the island. Each person assigned a lawyer will be encouraged to make a deposit of any amount at any branch of the Bank of Nova Scotia (BNS).
Clyde Singh, assistant general manager for cards and alternative delivery at BNS, confirmed that "we have an arrangement where clients of legal aid can make deposits at any of our branches islandwide," he said "...The branches have been advised to key the transaction directly to the King Street account where it is centralised."
The council operated on a budget of $31 million for the year 2000-2001, an amount which is below the amount needed to improve and expand the service, according to its representatives.
"It costs $6 million per month to run. We estimate that to get our operations running the way we want to, we really need $120 million," said Ms. Anderson.
"In September we were paying out $600,000 per week now we are paying out one and a half million per week, and most of this is lawyers' fees."
Increases
Ms. Anderson said that there may be a budget increase of $4 million from the Ministry of National Security and Justice for the next financial year. She estimates that 95 per cent of the council's budget goes to the growing list of lawyers enrolled with the council. But at the end of March, some of the 218 lawyers on the roster will be owed by the cash-strapped council.
"We are going to be owing some lawyers at the next financial year...it's hard to say how many but we won't have a lot of lawyers owed," Ms. Anderson said.
Lawyers are paid $5,000 for a visit to the police station, from $15,000 for an appearance in the Resident Magistrate Court and $60,000 for a capital murder trial for a senior lawyer.
These are much less than regular fees charged by lawyers in private cases which can cost from $50,000 initially to $200,000 for a capital murder trial. The figures vary among lawyers.
Some lawyers are sympathetic to the limitations of the council and say, though cheques have been delayed in the past, they would not complain if cheques were late. In fact, lawyers give five per cent of their stipend back to the council.
"I wouldn't complain, we are here to perform a service. The amount is very small and the cases are very time-consuming but you come away with a feeling of reward and satisfaction knowing that you have assisted in seeing that justice is being done," said Lynden Wellesley, a lawyer assigned to the Duhaney Park police station.
Between May and December last year approximately 2,000 people have been helped by the council. During that period, $200,000 in contributions have been received.
The Legal Aid Act was enacted in November 1997 and the council began operating in May 2000.
