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This is nonsense. Having practiced both before and after CFAs were permitted, I can say that in my opinion CFAs promote integrity more than did the old "pay come what may" system.

With a CFA a lawyer will not take on a case which risks being lost. So cases which are based on poor evidence will not start at all.

When there was legal aid there were always charlatans who promoted totally dotty cases, and got a gullible Law Society official to back them. What we have is miles better for cases which yield damages.

The weakness of CFAs is they only work in cases where there are damages to be had at the end of the case if successful, thus shutting out many meritorious claims. This, and the terrifying risk of losing, is the real failing of today's access to justice arrangements.

Robert Morfee

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