"Legal Aid NSW simply cannot continue to rely on the goodwill of private legal practitioners to subsidise our justice system,to the point of exhaustion,"Mr Game said.
He said a fixed lump sum approach was"problematic and frankly unjust to clients because no two cases are alike".
"Legal aid payments should be equitable,not arbitrary,and should be based on actual work performed,"he said.
Mr Game said the $88 million funding package"fell significantly short of what is required". Fees for private practitioners had"gone backwards over the last 13 years while at the same time Legal Aid NSW’s budget and expenditure has increased by close to 85 per cent".
But Legal Aid NSW chief executive Brendan Thomas said the lump sum replaced,"in part,a fee of $230 for preparation,and a process that required lawyers to apply for further fees multiple times during a matter",a system private lawyers had"told us repeatedly ... was a constant pain point".
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He said the new funding model would ensure private lawyers"receive appropriate remuneration,while also encouraging the efficient and timely finalisation of matters".
Senior criminal defence lawyer Penelope Purcell,secretary of Defence Lawyers NSW,said:"It looks like private practitioners are left to carry the burden of a system that is dysfunctional."
Ms Purcell said a basic Local Court Legal Aid matter might involve 12 hours'work including conferences with the client,two mentions in court,case preparation,the hearing itself,and any adjournments or delays.
The lump sum payment would amount to just under $92 an hour. The changes would discourage senior lawyers from taking on the work,she said.
Law Society of NSW president Richard Harvey said the new fee structure had only just come into effect and"we are looking forward to seeing how the changes play out in practice and if they provide the flexibility that private practitioners require".
"While the state government’s additional legal aid funding is greatly welcomed,it will only go some way to easing the demands on the system,"he said. The Law Society would"continue to lobby the federal government to match these funding increases"through its national body.
NSW Attorney-General Mark Speakman said the $88 million package was"the single biggest injection of funds for private lawyers in the history of Legal Aid NSW".
"Our investment aims to deliver a fairer and more efficient justice system,while encouraging more private lawyers to offer their services to Legal Aid,"he said.