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A regional costs judge said recently: "No doubt any competent solicitor would advise a prospective litigation friend that other solicitors may be prepared to accept instructions without insisting on a success fee. Such advice would surely form part of the professional requirements in the Solicitors Code of Conduct when discussing funding arrangements with a prospective client."

Seems to me to kill DBA's stone dead - unless the client's case is so hopeless no other competent solicitor would take it on any terms!