To justify lawyers’ time-based charging, Peter Rogers and Lloyd Junor seek to take comfort from the idea that heart surgeons charge more if they hit complications mid-operation (see [2010] Gazette, 4 December, 13). As I understand it, surgeons quote a fixed fee and stick to it, complications or not.

We lawyers need to get used to the idea that what clients want is fixed fees, with the lawyers (and not the clients) taking the risk of complications, incompetent lawyers on the other side, or whatever else. That is what the customer is asking for. In any kind of business there is risk – and this includes legal business. The good business person will factor the risk into their price, while at the same time remaining competitive. No one said it was easy.

Christopher Digby-Bell, Senior general counsel, Palmer Capital Partners, London