FINANCES AND THE PURSUIT OF JUSTICE: THE LEGAL AID ACT 1980

The stipulation in the Legal Aid Act 1980 of being unemployed yet ineligible for aid if income exceeded $18k ($10+/hr) in the previous 12 months, and the obvious fact that the cost of living in Bermuda has changed dramatically since 1980, is cause for grave concern as to who is really paying attention here?

Even a gross salary of $50k on basic mandatory deductions would be hard-pressed to have sufficient reserve funds to afford at best $400/hour legal counsel when needed. Notwithstanding the fact that once unemployed, the paycheque usually stops immediately as well so if already living pay day to pay day, regardless of what salary was attached to the former position, the income is no more.

Consequently, a 12-month wait for aid, especially when it may be a pursuit of wrongful employment dismissal which could overturn if legally challenged, is not reasonable. There are also many other urgent matters which are stunted by such a wait to even apply......abuse, immigration, tenant/landlord, etc.

The Bermuda Bar Association has submitted similar concern relating to aid and fees to the AG's chambers in (too many) years past and there have been notable articles in the media (see below/attached).

It's 2020, where are we now?

• RG Article: 1.10.2014 Employees have increased bargaining power after ruling, says law firm
• RG Article 1.28.2014: Bar Association looks at ‘no win, no fee’ and ‘success fee’ options
• RG Article 11.21.2016: Bar Association criticises Moniz over fees