Christopher Digby-Bell is missing an important distinction in the debate about time-based charging. The heart surgeon is in a position to judge, from the presentation of the patient and their medical records, the likelihood and type of complications which might arise. Would he suggest that a solicitor is in a position to judge not merely the quality of the firm on the other side but also the individual solicitor with conduct of the case, let alone the mindset of their client, none of whom they may have come across before? Such a judgement is not a matter of legal expertise, and underwriting the entirety of such risk can form no proper part of the service provided by a solicitor who wants to remain in business.

Peter Rogers, Quality and risk manager, Osborne Clarke, Bristol