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"Dear Mr Freelance Solicitor, Yes, I do acknowledge there was something in your terms which said that I would only claim against Cheap Law Limited and not you, but those terms were in relation to matter X, and my claim against you relates to matter Y. You didn't send me any fresh terms, so that provision does not apply to claim about matter Y."

The waters can often be muddied. If it were an accountant, they would probably have a fresh set of terms for matter Y. I have rather less confidence that a solicitor would in practice. Some would, but from 36 years of defending solicitors I can say that the profession has a bit to go on this front.

Now Cheap Law Limited would have had insurance. But as it was not on Minimum Terms and Conditions, there would be no automatic run-off, it would have to have been bought at extra cost. As the company went into liquidation, there would be no money to pay for this.


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