On your 'Comment' page, Jason Rowley shares his thoughts on the recent Department for Constitutional Affairs report on simple conditional fee agreements (CFAs) (see [2004] Gazette, 15 July, 17).


It is tacit from his comments on non-compliance that Mr Rowley obviously considers that those representing claimants clearly do not satisfy their legal obligations towards their clients, or indeed professional obligations of ensuring that a client is adequately informed regarding the funding arrangements of their particular cases. This is not our experience.


The Association of Personal Injury Lawyers consumer charter requires claimants' lawyers to be vigilant in the way in which they go about advising their clients on all funding issues.


In the past few years, claimants' lawyers have been on the receiving end of a barrage of attacks by defendants, their insurers, and lawyers making technical challenges on alleged non-compliance with CFA requirements. Their motivation is clear - they cynically use these technical rules to try to land themselves with the windfall of not having to pay costs, even though they have accepted liability by settling a claim.



Colin Ettinger, president, Association of Personal Injury Lawyers, London