The Legal Services Commission (LSC) has been warned that it must allay fears over its call for criminal defence solicitors to make more applications for wasted costs orders and also not discourage law firms from embracing video conferencing.

The drive for solicitors to seek wasted costs, and for the LSC to monitor them more closely, comes in proposed changes to general criminal and civil contracts from April.


They would oblige lawyers to apply for orders where appropriate, taking into account the costs of the application, and inform the LSC where the amount of the order, if made, would exceed £1,000.


In its response to consultation, Law Society concerns included possible counter-applications by the prosecution in subsequent cases, and how light-touch the LSC's monitoring process would be. It also said allowing solicitors to charge the wasted costs at private client rates would encourage more applications.


Under the revised contract, the LSC would not pay for the installation of video links and rental of telephone lines because they are not client-specific. Describing this as disappointing, the Society said video links can save money and reduce delays in visiting prisons. It said that the provisions will dissuade firms from installing them.