[RainFlutter]

I suspect that much of the trouble with this is twofold; a) 'very rare cases' has this habit of becoming commonplace in practice, and b) who other than the accused could reasonably determine whether he is being defended to his satisfaction? You could posit "defense" attorneys whose interests lie in subverting the process.

In short, you say you don't see any huge problems, but that sounds a little like Fermat saying he can't fit a proof in the margin. I suspect that if you look further you'll start seeing problems :p