The Law Society is claiming victory in its fight to restrict the right of judges to replace lawyers who cause excessive delays to very high cost cases (VHCC) in England and Wales
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The Ministry of Justice has agreed that lawyers who are causing long delays or who should be conflicted out of representing more than one client in a trial can be removed only following an investigation by the Legal Services Commission (LSC).
The policy—outlined in the paper Response to Consultation on Proposals to Manage Conflict of Interest and Capacity Issues in Very High Cost Cases—will enable a trial judge to refer cases to the LSC which could ask the defendant to find a different lawyer. It will also be able to insist legal firms sign legal aid contracts on one defendant per firm basis in cases with multiple defendants and where charges of conspiracy have been brought.
Very high cost cases—trials expected to last 41 days or more—often include cases of
