I have read with interest, over the past few weeks, the tit-for-tat correspondence passing between solicitors on both sides of the referral fee fence. While I appreciate that strong views will be held by the parties, I have not seen any article or correspondence that deals with the important question of how, in practice, any referral fee arrangement can be reversed (if the Law Society Council decides to reinstate the original rule).

There are some major hurdles that would need to be overcome in particular, with firms of solicitors attempting to renegotiate contracts or avoid their contractual liabilities. This is likely to deal a great blow to law firms' credibility with their referrers.


I am not sure that the defensive argument of 'sorry, my professional regulation body changed its mind again' will carry much weight in the courts.



Edward Foster, Fosters, Herne Bay, Kent