A NEW panel of experienced barristers could create a two-tier system allowing some to charge more and leaving others unable to work on complex trials, barristers fear.

The introduction of the panel of 50 barristers eligible to perform complex criminal work for the Legal Aid Commission is designed to cut costs and exclude ''shonky'' barristers suspected of ''milking'' the system by running cases for longer than required.

To attract the most experienced barristers, the commission has increased the hourly rate from $197 to $230, its chief executive, Alan Kirkland, said. Applications for the panel close today.

Some legal aid trials are conducted by public defenders, but many are contracted out to the private bar.

The elite panel is limited to 50 - about a quarter of all junior criminal barristers in NSW - an increase from 30 after negotiations with the Bar Association, which wanted no cap.

Until now, the commission has engaged barristers on a one-off basis, but some said it had sometimes chosen them because of ''connections rather than ability''.

The panel will be in place for all murder, manslaughter and terrorism trials, cases attracting life imprisonment, and other lengthy or complex matters.

It was proposed last year to make trials more efficient and after criticism from judges about the conduct of certain barristers.

Some are understood to have been told they should not bother applying.

One barrister, Bruce Levet, said he would not apply because he was too busy with better paying private work.

Another barrister who is applying said he hoped the panel would ''eliminate some of my competition''. Making it onto the panel could create an effective top tier of junior barristers, able to charge more also for their private work.

Legal Aid work is seen by some as ''the training ground for younger barristers'', but one said when complex trials are run by inexperienced barristers ''it's the client that suffers''.

Another applicant said some barristers ''bleed a legal aid brief''. ''They run it for the money; they run it not because it's got any legs or any merit.''

The selection is to be announced in April and the system will be reviewed after a year.

gjacobsen@smh.com.au