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The Sudbury Star

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Criminal lawyers protest Legal Aid fees (comment on this story)

COURT: System has been neglected for more than a decade, association says

Posted By BOB VAILLANCOURT, THE SUDBURY STAR

Posted 7 months ago

Sudbury's criminal defence lawyers are being asked to join their colleagues in boycotting the province's legal aid plan because of what the Criminal Lawyers Association of Ontario calls an inadequate fee structure.

The association's board has already voted to stop taking new Legal Aid Ontario defence cases related to homicides or guns and gang busts in the Toronto area.

The Legal Aid Plan provides compensation to lawyers for clients who qualify because of financial circumstances.

Sudbury criminal lawyer Craig Fleming, who sits on the board of the association, said in a memo to members of Sudbury's defence bar that about 300 lawyers have joined the boycott.

More than 15 years of political neglect of the plan must be corrected, said Fleming in the memo.

Over the last decade, there has been only a 10% adjustment to legal aid fees while there has been a 75% hike in pay for judges and a 57% pay hike for Crown attorneys over the same period.

Legal Aid in Ontario "is a good system, probably the best in Canada," wrote Fleming in the memo, but it needs to be reformed.

"The average criminal lawyer in Sudbury has net earnings less than most plumbers, but has attended at least six years of post-secondary school at his or her own costs; pays for his or her office, equipment, programs and staff."

The government has characterized Legal Aid as "welfare for lawyers" wrote Fleming. "In such a political environment, any young bright lawyer seems better to dedicate him or herself to lean corporate law, contracts, international law, become a Crown (attorney), a ministry counsel or seek a police job, than bother with criminal practice, unless her or she is otherwise wealthy."

In his memo, Fleming wrote that many criminal practitioners elsewhere, and a significant number in Sudbury, have already agreed to refuse Legal Aid certificates on "serious criminal matters."

Now is the time for others to join the boycott, he said.

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To date, only two Sudbury lawyers are listed on the association's website as being part of the boycott -- Fleming and Glenn Sandberg.

Article ID# 1614765



Comments on this Article. You are currently not logged in.

awwwww.....let's give them directions to the soup kitchen....plumbers make more?....because they get rid of scum; lawyers find ways to get them back on the street...that is why plumbers are worth more...

Post #1 By Newsudberry, 7 months ago | 1 Votes | Vote: Thumbs Up Thumbs Down

While I agree that the system has to be reformed, I take real issue with the Mr. Fleming's comment about plumbers. He chose his profession. Maybe he should have gone into corportate, etc. or maybe he should think about going to trade school if the almighty dollar is his priority. Tradespeople are one of the hardest working professions. Guess what some of these "plumbers" also have to pay their own costs such as staff, equipment, programs (technology does change!)

Post #2 By Beentheredonethat, 7 months ago | 0 Votes | Vote: Thumbs Up Thumbs Down

I used legal aid once, a long time ago when I was a young offender.

I got a copy of the invoice the lawyer sent to Legal Aid for re-imbursement. the invoice was mostly charges of $3. per copy of paper used in the case totaling more than $1200. of photocopies. I only seen one copy of the documents, the rest of the copies were for 'filing purposes' internally.

Lawyers manipulate the system the same as crooks as we can see with 'dead time' and remanding court cases, over and over, to get more 'dead time' for the defendant, so they spend less time in hard prison. Meanwhile, our legal aid system pays for it.

From my experiences, the more you pay for a lawyer the better deal you get. Legal Aid is nothing more than a spokesperson for the defendant. -> LEGAL AID DOES NOT PAY FOR TRIALS! - Even if the defendant has tons of evidence to prove otherwise. Plea bargaining, wether they are really guilty or not.

I see more financially challenged people loosing it and killing everyone down at the mall becoming an annual event. Keep pushing people with problems over the cliff of nothing to loose.

Further spread the divide between poor and wealthy. Wealthy people don't do the same time as Legal Aid recipients. They get better deals.

Conclusion: don't use legal aid. its not worth the paperwork and time. Represent yourself and call the crown ahead of time to ask about a plea bargain options yourself. Lawyers aren't always needed. . ..

Post #3 By mysticalmassey, 7 months ago | 0 Votes | Vote: Thumbs Up Thumbs Down

awwwwww poor lawyers i was charged once with a DUI charge got a layer here in town because they said they were the best well the price wasd $ 5600.oo plus 2000.00 and you get a carles charge. I lost my job soon after i got duty counsil at the court house it cost me 550.00 plus $4.50 for three letters she sent me{ so cry me a river guys}

Post #4 By bosshog, 7 months ago | 0 Votes | Vote: Thumbs Up Thumbs Down

sorry and got the carless charge

Post #5 By bosshog, 7 months ago | 0 Votes | Vote: Thumbs Up Thumbs Down

plea bargaining makes the justice system look like they don't make mistakes or railroad innocent people.

Post #6 By withheld, 7 months ago | 0 Votes | Vote: Thumbs Up Thumbs Down

You should have been charged a lot more than %5,600 and more change. You should have been thrown in prison for at least a year and had your driving privilege (it is a privilege not a right) revoked for at least five years. I don't believe in plea bargaining for lowlifes that go out and drink and drive, putting everyone at risk except themselves. Hope your insurance went up dramatically as well. Cry me a river bosshog. You have probably gotten away quite a few more times with drinking and driving by reading your posts-you have absouluterly no remorse. Maybe you also have had a few hit and runs with your drinking problem.

Post #7 By marcelmucker2, 7 months ago | 0 Votes | Vote: Thumbs Up Thumbs Down

hey mucker2 the lawyers are thifts they take your money and if you have lots if you kill some one they,ll get you off all about money oh yeah i bet you never had a drink and then drove home tell me you havent in your life time lol your to funny

Post #8 By bosshog, 7 months ago | 0 Votes | Vote: Thumbs Up Thumbs Down

I ran into a buddy of mine and he said he married a lawyer and a honest lady I told him I thought that was bigamy

Post #9 By jim naseum, 7 months ago | 0 Votes | Vote: Thumbs Up Thumbs Down

bosshog you sound like an alcoholic that has not gone into recovery yet...you are a disgrace to all legitimate drivers...you probably have killed someone too, but drove off before anyone could find you. Your time will come up on day buddy and hope it is yourself you kill and not some innocent bystander! Creeps like you make everyone sick

Post #10 By dog27, 7 months ago | 0 Votes | Vote: Thumbs Up Thumbs Down

jim naseum...that is the most pathetic joke I have ever heard! Right you nauseate everyone you come in contact with. I ran into a buddy of mine and he said he married a jim and a nauseu,..I told him I thought that was a slow suicide...

Post #11 By dog27, 7 months ago | 0 Votes | Vote: Thumbs Up Thumbs Down

Loose some weight so you can get back to chasing ambulances fat cats!

Four hours a day at the golf course costs money. .. . Legal Aid shouldn't pay for it.

Lawyers abused legal aid and not they must pay for it. The Bar association is guilty as charged. They are suppose to be a watchdog for their lawyers. Instead, they have allows lawyers to abuse the public.

A lawyer in Mississauga, ON told me he went to school with the crown attorney and that I would get off if I paid him an extra $3500. in cash to be shared between them.

I gave it in an envelope on court day. It disappeared after my lawyer took the envelope into the crown attorney's office in Mississauga, ON courthouse.

It worked.
Go figure.

I feel like OJ simpson!
Glad to see money still motivates people . ..

Bring a stack of bills to court with you and ask to speak with the crown in private. Enjoy!

Post #12 By mysticalmassey, 7 months ago | 0 Votes | Vote: Thumbs Up Thumbs Down

Another story: I was pulled over for doing 180km in an 80 zone. I had to go straight to court to face criminal charges.

The officer, a lady cop, used to date my brother but she didn't recognize me at the time.

On court day, I brought a photo of her and my brother drunk and half naked with her boobs hanging out. I flashed her the photo as she walked into the small courtroom. She looked disgusted and confused. She turned back to me and shut her mouth and kept walking down the hall.

The charges were dropped for some reason. . .

enjoy!

I sent her

Post #13 By mysticalmassey, 7 months ago | 0 Votes | Vote: Thumbs Up Thumbs Down

mysticalmassey, that's a funny story. You should post them on the internet... As for the drunk who seems to care more about a job or money.. you seem quite proud to have received a dui, please get some help before you wipe out some innocent family.

Post #14 By withheld, 7 months ago | 0 Votes | Vote: Thumbs Up Thumbs Down


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