MIDDLE-CLASS people can no longer afford to defend criminal charges or mount civil cases as the price of justice has doubled in a decade, lawyers say.

An Advertiser investigation has revealed rising fees, endlessly delayed trials and costly expert witnesses have lifted the cost of court cases beyond the reach of ordinary South Australians.

Latest figures show almost 20,000 people will apply for legal aid this year - a 10 per cent increase on five years ago, while about one in four parties in civil cases represent themselves.

Law Society of SA president Ralph Bonig said a complicated District Court assault and robbery trial that took 10 days would cost as much as $100,000. A decade ago, that bill would have been $40,000 to $60,000.

"In the criminal arena, there is a massive gulf between those who are entitled to legal aid and those who can afford representation," Mr Bonig said.

"There's no doubt there is insufficient legal aid funding available. However, the gulf is unlikely to be bridged even with additional funding.

"There will always be, in the current regime, a section of the community that will be unable to fund appropriate legal representation."

A person seeking to mount a civil case must pay as much as $2200 to file a lawsuit in the Supreme Court and then up to $2200 a trial day, plus as much as $20,000 for expert witnesses and transcripts.

Senior lawyers, such as Queen's Counsels, can cost between $3000 and $10,000 extra a day at trial.

Reducing trial lengths and more resolution outside the courtroom are seen as two ways to settle the issue.

Outgoing Liberal Senator Mary Jo Fisher's recent $212,000 bill for a shoplifting trial is an example of systemic financial problems for court users, lawyers say.

Mr Bonig attributed the increase to rising fees and the length and complexity of trials that 10 years ago "may not have taken 10 days in court".

Newly appointed Supreme Court Chief Justice Chris Kourakis has promised a revamp of the system, but lawyers warn it will come too late for many.

JusticeNet SA director Tim Graham said people were trying to avoid legal costs by representing themselves in civil cases, which he warned could cost more in the long run.

"Our (preliminary) research suggests one in four parties in civil litigation in SA are self-represented," he said. "The middle class is being squeezed out of being able to go to court. It's just too expensive."

Taxpayers are forking out more than $100,000 a day - or $38.1 million a year - to run the Legal Services Commission, which offers free advice and representation.

The commission's 2010-11 report - the most recent published - showed 18,315 applied for help and 14,170 were successful. This is compared with 16,668 application in 2006-07, of which 12,987 were successful.

There was a record 8872 attendees at 319 legal information sessions held by Commission presenters across SA in 2010-11

Eligibility for legal aid is based on the seriousness of the case, a person's means and assets and the merit of the defence or claim.

Legal Services Commission director Hamish Gilmore agreed middle income earners would struggle to fund court actions.

He said the commission was obligated to provide support for anyone facing a jail sentence, but depending on their income and assets, many were still needed to contribute to their costs.

"Middle-class people have to go out and bat for themselves," he said. "For most people on a middle to high income, if you're going to have a legal fight, they can't really afford it and that is a real problem."

Mr Gilmore said the commission did not fund any civil claims, which were often where the largest bills were incurred. Still, he advised anyone facing court to call the commission for free advice and a potential guide on how much it could cost.

Lawyers who represent people through legal aid receive a reduced fee through government funding. Some people who are ineligible for support seek services "pro bono", or free of charge, directly through firms or associations, including JusticeNet.

Mr Bonig said: "The cost of justice is not just about curtailing lawyers' fees, it's about the cost of the system." In May, the Sunday Mail reported Mr Bonig was in a legal wrangle over unpaid fees of almost $180,000 owed to several prominent lawyers.

The stoush involved money owed to Lindy Powell, QC, and Noelle Hurley, and led to caveats and two mortgages being taken out over his home.

The State Government last year lost its bid to protect police prosecutors from paying the court costs of people who successfully defended minor charges. But it continues to push for that savings initiative - estimated at $1.6 million - through a new Bill tabled on May 31.

Defence Lawyers Association president Craig Caldicott said clients had a choice about their level of representation. "It's a free market - it's up to the individual lawyer," he said.

Originally published as Good lawyers cost too much for most