Criminal cases are being delayed and backlogged because many lawyers are skipping past criminal law to focus on the riches that can be earned in the fields of commercial and civil law.

And the Island?s legal quandary exists at a uniquely high level when compared with similar countries.

It is also being compounded by defendants themselves seeking out only a handful of well-known lawyers to represent them in court.

As a consequence only a small number of criminal lawyers ? estimated to be fewer than ten ? actually stand up in the Island?s criminal courts on a regular basis to represent clients.

The problem is now manifesting itself in a lack of criminal case lawyers taking up Legal Aid criminal case work or appearing in serious criminal trials and appeals.

Legal Aid Committee chairwoman Puisne Judge Charles-Etta Simmons highlighted the problem in the committee?s latest report, saying: ?The demands of the practice of criminal law are legendary. As a consequence experienced counsel of at least ten years call often seek expansion into the less hectic but more lucrative fields of civil and commercial law.?

Of 169 new law practitioners in Bermuda during the past five years only 20 have entered criminal law, of whom 11 went to work in the Department of Public Prosecutions leaving only nine working as defence lawyers.

The report claims that ?approximately eight? attorneys perform the bulk of criminal work in the Magistrates? and Supreme Courts, and therefore: ?It is this shortage of counsel that is partly responsible for the backlog and delay in criminal trials.?

Bermuda?s Chief Justice Richard Ground is aware of the attraction of commercial law over criminal law, both in terms of money that can be earned and the less hectic and stressful working conditions.

He would like to see young legal professionals learning their trade through the traditional route of the criminal courts, because that is where they can most rapidly make a name for themselves and learn the skills that can be turned to use in future political careers or in the world of commercial law.

Mr. Justice Ground noted that Bermuda has an unusually high number of lawyers specialising in commercial and civil law as opposed to criminal cases.

He said: ?In other jurisdictions, and particularly island countries, the criminal bar is often seen as the way ahead. It?s where you make your name. Those who want to be politicians can get their name known and reported.

?It is a tremendous way for them to make a name for themselves if they are considering a public career as a politician or making a reputation to move into commercial law.

?If you want to be a commercial lawyer it?s the best way to learn to be an advocate by being in a court room and having to think on your feet.?

In February this year, Mr. Justice Ground put out a circular to encourage more lawyers to take up Legal Aid criminal work. He admits it was always likely to have just limited success because only those who were already actively engaged in criminal case work would consider taking up more Legal Aid criminal case options.

More defence lawyers would ease congestion in court lists and allow cases to be run back-to-back, said Mr. Justice Ground, who added: ?Other than encouraging young lawyers it is hard to see what can be done. We have additions to the criminal bar ? there is Charles Richardson, he?s a welcome addition, and I hope more people will follow in his footsteps. It is a very challenging and rewarding career for a lawyer.?

One lawyer who spoke to said there were currently 22 criminal lawyers available in Bermuda, but only a select handful were being regularly chosen by defendants to represent them in court because they were particularly well known, either from being regular court lawyers or through recommendations. He said people tended to pick a favoured few lawyers.

Lawyer Larry Scott agreed: ?There are about six of us who get the majority of the work and that can create backlogs, so we need to encourage more younger and older lawyers to come in.

?The popularity thing tends to move around between the six of us. One of us can be the flavour of the month depending on who won the last case.?

Mr. Scott, who has been practising criminal law for ten years, said one of the problems of attracting young lawyers to the criminal bar was the relatively low level of payment available from taking a Legal Aid case - around $360 an hour for Supreme Court courtroom work - compared with what is available in the field of commercial law.

And there is also the issue of late payment.

?Getting paid on time is a problem. You can?t run a firm if your cash flow depends on a system that pays late. I run a business and my overheads are the same as everyone else in the city,? said Mr. Scott.

But he continues to see criminal law as an exciting branch of the profession: ?I love the work of the criminal bar, it really is a rewarding lifestyle. Yes, you do have difficulty with the payment and families often can?t pay up front, but it is still rewarding.?