Defendants gain greater freedom to swap lawyersCRIME: welcome for choice of representation reformCriminal practitioners have welcomed a government climbdown that will allow defendants greater freedom when chosing their legal representatives.After consultation, the Lord Chancellors Department (LCD...Criminal practitioners have welcomed a government climbdown that will allow defendants greater freedom when chosing their legal representatives.After consultation, the Lord Chancellors Department (LCD) this week made two key amendments to its proposals that will govern when defendants receiving state funding can change solicitors or firms.Under the proposals, defendants will be able to make a reasonable decision to change legal advisers at any time during proceedings; originally they had seven days after being charged to decide.The second main change will see the court retaining jurisdiction for deciding whether a defendant can change representative.

Originally it was proposed that the decision should be transferred to the Legal Services Commission but responses showed there was concern that economic factors might play a part.The LCD has also introduced an additional clause which will allow defendants to change solicitors where there is a substantial reason which makes it reasonable, for example moving out of the firms geographical area.Malcolm Fowler, chairman of the Law Societys criminal law committee, said it was a sensible movement in the right direction from the LCD.

They would have done better not to have been so dismissive of our professional and ethical concerns in the first place, he added.Criminal Law Solicitors Association chairman Franklin Sinclair said he welcomed the amendments, which showed the groups views had been taken on board.Sue Allen