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Just a couple of thoughts about the comparisons with solicitors; if a prospective client was told that there were no solicitors immediately available and that they would have to book an appointment in several days' time, for example, then the prospective client could quite easily try a number of other firms to see someone more quickly. This option is not really available for someone presenting at A&E with what may well be an injury requiring urgent treatment.
Also, at what point does it no longer become reasonable to expect a solicitor to catch limitation? I am a family lawyer, so maybe asking about date of accident and prioritising a consultation with the solicitor for those with looming limitation is standard practice for receptionists taking PI enquiries and making appointments, I don't know - but if the solicitor discovers at an initial consultation that the limitation period is about to expire in, say 24 hours, can he or she reasonably be expected to drop all else and issue a protective claim and, if they cannot get this done in time, be found negligent?
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