Indemnity & Liability
Solicitor Indemnity
And Liability Provisions
E-Solicitors Legal Services Marketplace
─────────────────────────────────────
INDEMNIFICATION OF E-SOLICITORS
Legal Advice | SRA Compliance | AML/KYC | FCA | Due Diligence
─────────────────────────────────────
Version 1.0 - January 2026
England and Wales
Important Notice to Solicitors
- THIS AGREEMENT CONTAINS SIGNIFICANT INDEMNITY OBLIGATIONS. YOU AGREE TO INDEMNIFY THE E-SOLICITORS AGAINST CLAIMS ARISING FROM YOUR LEGAL SERVICES, ADVICE, AND REGULATORY COMPLIANCE. READ CAREFULLY BEFORE ACCEPTING.
Purpose of This Agreement
This Agreement establishes the indemnity and liability framework between you (the Solicitor) and E-SOLICITORS. The E-SOLICITORS operates as a technology marketplace only - it does not provide legal services and is not regulated by the SRA, BSB, Law Society, or FCA.
Key Indemnity Obligations
🛡 INDEMNITY: You indemnify E-SOLICITORS for claims arising from your legal advice
🛡 INDEMNITY: You indemnify E-SOLICITORS for your SRA compliance failures
🛡 INDEMNITY: You indemnify E-SOLICITORS for your AML/KYC failures
🛡 INDEMNITY: You indemnify E-SOLICITORS for your FCA compliance failures
🛡 INDEMNITY: You indemnify E-SOLICITORS for your due diligence failures
🛡 INDEMNITY: You indemnify E-SOLICITORS for LASPO referral fee breaches
Your Professional Indemnity Insurance
- Your PII must be adequate to cover these indemnity obligations. Review your policy and ensure it covers claims arising from E-SOLICITORS-sourced clients.
Why These Indemnities Are Required
The E-SOLICITORS facilitates introductions between clients and solicitors. The E-SOLICITORS does not:
Provide legal advice or legal services
Supervise or control your legal work
Conduct AML/KYC checks on clients
Verify the quality of your advice
Hold client money
Become a party to your retainer with the client
As the regulated legal professional, you bear full responsibility for your services and compliance. These indemnities protect E-SOLICITORS from liability for matters within your professional responsibility.
Contents
Part A: General Provisions
-
Definitions
-
E-SOLICITORS Status
-
Your Status and Responsibilities
Part B: Core Indemnity Provisions
-
General Indemnity
-
Scope of Indemnity
-
Indemnified Parties
-
Survival of Indemnities
Part C: Legal Advice Indemnity
-
Indemnity for Legal Advice
-
Indemnity for Professional Negligence
-
Indemnity for Breach of Duty
-
Client Claims
Part D: Sra Compliance Indemnity
-
Indemnity for SRA Breaches
-
SRA Principles Compliance
-
SRA Code of Conduct Compliance
-
SRA Investigation and Enforcement
Part E: Law Society Indemnity
-
Indemnity for Law Society Matters
-
Accreditation and Standards
Part F: Aml/kyc Compliance Indemnity
-
Indemnity for AML Failures
-
Indemnity for KYC Failures
-
Indemnity for Sanctions Breaches
-
Criminal Liability
Part G: Fca Compliance Indemnity
-
Indemnity for FCA Breaches
-
Consumer Duty Compliance
-
Regulated Activities
Part H: Due Diligence Indemnity
-
Indemnity for Due Diligence Failures
-
Client Verification
-
Conflict Checks
Part I: Referral Fee Indemnity
-
LASPO Compliance Indemnity
-
Prohibited Referral Fees
Part J: Claims Procedure
-
Notification of Claims
-
Conduct of Claims
-
Cooperation
-
Settlement
Part K: Insurance Requirements
-
PII Requirements
-
Insurance Evidence
-
Claims Notification to Insurers
Part L: Limitations and Exclusions
-
E-SOLICITORS Liability
-
Exclusions from E-SOLICITORS Liability
-
Caps and Limitations
Part M: General Provisions
-
Warranties
-
Third Party Rights
-
Governing Law and Jurisdiction
Schedules
Schedule 1: Indemnity Summary Table
Schedule 2: Claims Notification Form
Schedule 3: Insurance Requirements Checklist
Schedule 4: Indemnity Acknowledgment
Part A: General Provisions
- Definitions
1.1 In this Agreement:
'AML' means anti-money laundering obligations under MLR 2017 and related legislation.
'Claim' means any claim, action, proceeding, demand, liability, loss, damage, cost, or expense (including legal fees).
'Client' means any person who instructs or seeks to instruct you through E-SOLICITORS.
'E-SOLICITORS' means
Esol
Corporation Limited with Company number 16927988.
'FCA' means the Financial Conduct Authority.
'Indemnified Parties' means E-SOLICITORS, its parent companies, subsidiaries, affiliates, directors, officers, employees, agents, and successors.
'KYC' means know your customer obligations.
'LASPO' means the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
'Law Society' means The Law Society of England and Wales.
'Legal Services' means all legal advice, services, and work provided by you to Clients.
'Losses' means all losses, liabilities, damages, costs, expenses (including reasonable legal fees), fines, penalties, and other amounts.
'MLR 2017' means the Money Laundering, Terrorist Financing and Transfer of Funds Regulations 2017 (as amended).
'PII' means professional indemnity insurance complying with SRA requirements.
'Regulatory Action' means any investigation, enforcement action, disciplinary proceedings, or intervention by any Regulator.
'Regulator' means the SRA, FCA, Law Society, NCA, HMRC, OFSI, or any other body with regulatory or enforcement authority.
'SRA' means the Solicitors Regulation Authority.
'You/Your' means the solicitor or authorised body accepting these Terms.
- E-SOLICITORS Status
2.1 The E-SOLICITORS is a technology marketplace. It is NOT:
(a) A law firm or authorised
body;
(b) Regulated by the
SRA;
(c) Regulated by the FCA (unless separately stated
);
(d) A member of The Law
Society;
(e) Your employer or
principal;
(f) A party to retainers between you and
Clients;
(g) Responsible for your legal advice or
services;
(h) Responsible for your regulatory compliance.
2.2 The E-SOLICITORS's role is limited to:
(a) Providing a technology E-SOLICITORS for
introductions;
(b) Facilitating communication between you and potential
Clients;
(c) Processing E-SOLICITORS fees (if applicable
);
(d) Verifying your regulatory registration status.
- Your Status and Responsibilities
3.1 You are an independent legal professional. You are solely responsible for:
(a) All legal advice and services you
provide;
(b) Compliance with SRA Standards and
Regulations;
(c) Compliance with AML/KYC
requirements;
(d) Compliance with FCA requirements (where applicable
);
(e) Due diligence on clients and
matters;
(f) Maintaining adequate
PII;
(g) All other professional and regulatory obligations.
3.2 The E-SOLICITORS does not supervise, control, or direct your work.
Part B: Core Indemnity Provisions
⛔ the Indemnities in This Part Are Fundamental Terms of This Agreement.
- General Indemnity
4.1 You agree to indemnify, defend, and hold harmless the Indemnified Parties from and against all Claims and Losses arising out of or in connection with:
(a) Your provision of Legal Services to any
Client;
(b) Any breach of this Agreement by
you;
(c) Any breach of your professional or regulatory
obligations;
(d) Any negligent act or omission by
you;
(e) Any fraud, dishonesty, or wilful misconduct by
you;
(f) Any Regulatory Action against
you;
(g) Any claim by a Client against E-SOLICITORS relating to your
services;
(h) Any misrepresentation by you.
4.2 This indemnity is a primary obligation. You shall pay amounts due under this indemnity on demand without requiring the Indemnified Party to first seek recovery from any other source.
- Scope of Indemnity
5.1 The indemnities in this Agreement cover:
(a) Direct losses suffered by Indemnified
Parties;
(b) Third party claims against Indemnified
Parties;
(c) Regulatory fines and penalties (to the extent legally permissible
);
(d) Costs of investigating
claims;
(e) Legal fees and expenses (on an indemnity basis
);
(f) Settlement amounts (with your consent, not unreasonably withheld
);
(g) Costs of remediation and
rectification;
(h) Reputational damage mitigation costs.
5.2 Losses include but are not limited to:
(a) Damages awarded by courts or
tribunals;
(b) Compensation paid to
complainants;
(c) Regulatory fines and
penalties;
(d) Costs of regulatory
investigations;
(e) Legal defence
costs;
(f) Expert and consultant
fees;
(g) Management time reasonably
spent;
(h) Insurance excess or deductible amounts.
- Indemnified Parties
6.1 The indemnities extend to:
(a) The E-SOLICITORS
company;
(b) Parent
companies;
(c) Subsidiaries and
affiliates;
(d) Directors and
officers;
(e) Employees and
agents;
(f) Successors and assigns.
6.2 Each Indemnified Party may enforce the indemnities in this Agreement pursuant to the Contracts (Rights of Third Parties) Act 1999.
- Survival of Indemnities
7.1 The indemnities in this Agreement survive:
(a) Termination or expiry of this
Agreement;
(b) Your de-registration from E-
SOLICITORS;
(c) Closure of your E-SOLICITORS
account;
(d) The end of any particular Client matter.
7.2 Indemnity obligations continue for as long as any Claim may be brought relating to the relevant matter (subject to applicable limitation periods).
Part C: Legal Advice Indemnity
- Indemnity for Legal Advice
8.1 You indemnify the Indemnified Parties against all Claims and Losses arising from:
(a) Legal advice given by you to
Clients;
(b) Legal services provided by you to
Clients;
(c) Documents drafted, reviewed, or prepared by
you;
(d) Representations made by you to
Clients;
(e) Court or tribunal appearances by
you;
(f) Negotiations conducted by
you;
(g) Any other work product provided by you.
🛡 INDEMNITY: You bear sole responsibility for all legal advice. The E-SOLICITORS has no liability for the quality, accuracy, or suitability of your advice.
- Indemnity for Professional Negligence
9.1 You indemnify the Indemnified Parties against all Claims and Losses arising from:
(a) Any negligent advice given by
you;
(b) Any negligent act or omission in providing
services;
(c) Failure to exercise reasonable skill and
care;
(d) Failure to meet the standard expected of a reasonably competent
solicitor;
(e) Missed deadlines or limitation
periods;
(f) Failure to advise on relevant
matters;
(g) Incorrect advice on the law.
- Indemnity for Breach of Duty
10.1 You indemnify the Indemnified Parties against all Claims and Losses arising from:
(a) Breach of fiduciary duty to
Clients;
(b) Breach of
confidentiality;
(c) Breach of duty of
care;
(d) Breach of retainer
terms;
(e) Conflict of
interest;
(f) Acting without proper
authority;
(g) Breach of undertakings.
- Client Claims
11.1 You indemnify the Indemnified Parties against all Claims by Clients including:
(a) Claims for professional
negligence;
(b) Claims for breach of
contract;
(c) Claims for breach of fiduciary
duty;
(d) Claims for
misrepresentation;
(e) Complaints to the Legal
Ombudsman;
(f) Complaints to the
SRA;
(g) Any other claims relating to your services.
11.2 This includes Claims where the Client alleges E-SOLICITORS is vicariously liable or otherwise responsible for your acts or omissions.
Part D: Sra Compliance Indemnity
- Indemnity for SRA Breaches
12.1 You indemnify the Indemnified Parties against all Claims and Losses arising from:
(a) Any breach of SRA Standards and
Regulations;
(b) Any breach of SRA
Principles;
(c) Any breach of the SRA Code of
Conduct;
(d) Any breach of SRA Accounts
Rules;
(e) Any breach of SRA Transparency
Rules;
(f) Any breach of SRA Indemnity Insurance
Rules;
(g) Any other SRA regulatory breach.
12.2 This includes Claims arising where E-SOLICITORS is investigated or named in proceedings due to your SRA breaches.
- SRA Principles Compliance
13.1 You indemnify the Indemnified Parties against Claims arising from breach of SRA Principles:
Principle
Description
Indemnity Scope
Principle 1
Rule of law
Claims from facilitating illegal conduct
Principle 2
Public trust
Reputational claims, regulatory action
Principle 3
Independence
Claims from compromised independence
Principle 4
Honesty
Claims from dishonest conduct
Principle 5
Integrity
Claims from lack of integrity
Principle 6
EDI
Discrimination claims
Principle 7
Best interests
Claims from conflicts, poor advice
- SRA Code of Conduct Compliance
14.1 You indemnify the Indemnified Parties against Claims arising from breach of SRA Code rules including:
(a) Rule 1 - Maintaining trust and acting
fairly;
(b) Rule 2 - Dispute resolution and
proceedings;
(c) Rule 3 - Service and
competence;
(d) Rule 4 - Client money and
assets;
(e) Rule 5 - Referrals and
introductions;
(f) Rule 6 - Confidentiality and
disclosure;
(g) Rule 7 - Cooperation and
accountability;
(h) Rule 8 - Client information and publicity.
- SRA Investigation and Enforcement
15.1 You indemnify the Indemnified Parties against Losses arising from:
(a) SRA investigations involving or naming E-
SOLICITORS;
(b) SRA enforcement action where E-SOLICITORS is
implicated;
(c) Intervention proceedings affecting E-SOLICITORS
operations;
(d) Costs of responding to SRA enquiries about
you;
(e) Reputational damage from SRA findings against you.
Part E: Law Society Indemnity
- Indemnity for Law Society Matters
16.1 You indemnify the Indemnified Parties against Claims and Losses arising from:
(a) Breach of Law Society membership obligations (if applicable
);
(b) Loss or withdrawal of Law Society accreditations affecting E-
SOLICITORS;
(c) Misrepresentation of Law Society status or
accreditations;
(d) Failure to comply with Law Society practice
standards;
(e) Claims arising from Law Society complaints procedures.
- Accreditation and Standards
17.1 You indemnify the Indemnified Parties against Losses arising from:
(a) Misrepresentation of accreditation status (CQS,
Lexcel
, etc.
);
(b) Loss of accreditation where clients relied on it through E-
SOLICITORS;
(c) Failure to meet accreditation standards while claiming
them;
(d) Any claim that E-SOLICITORS endorsed invalid accreditations.
Part F: Aml/kyc Compliance Indemnity
- AML/KYC COMPLIANCE IS YOUR SOLE RESPONSIBILITY. THE E-SOLICITORS DOES NOT CONDUCT AML CHECKS. YOU FULLY INDEMNIFY THE E-SOLICITORS FOR ALL AML/KYC MATTERS.
- Indemnity for AML Failures
18.1 You indemnify the Indemnified Parties against all Claims and Losses arising from:
(a) Failure to conduct Customer Due
Diligence;
(b) Failure to identify or verify client
identity;
(c) Failure to identify beneficial
owners;
(d) Failure to conduct Enhanced Due Diligence where
required;
(e) Failure to verify source of funds or
wealth;
(f) Failure to conduct ongoing
monitoring;
(g) Failure to have a practice-wide risk
assessment;
(h) Failure to maintain adequate AML policies and
procedures;
(
i
) Failure to provide AML
training;
(j) Any other breach of MLR 2017.
18.2 You indemnify the Indemnified Parties against:
(a) Regulatory fines and penalties under MLR
2017;
(b) Criminal proceedings and
penalties;
(c) Confiscation and forfeiture
orders;
(d) Costs of NCA, HMRC, or SRA
investigations;
(e) Third party claims arising from AML
failures;
(f) Reputational damage from AML-related issues.
- Indemnity for KYC Failures
19.1 You indemnify the Indemnified Parties against Claims and Losses arising from:
(a) Failure to properly identify
clients;
(b) Accepting clients without adequate
verification;
(c) Failure to identify Politically Exposed
Persons;
(d) Failure to identify high-risk
clients;
(e) Acting for clients where CDD was
incomplete;
(f) Any fraud facilitated by inadequate KYC.
- Indemnity for Sanctions Breaches
20.1 You indemnify the Indemnified Parties against all Claims and Losses arising from:
(a) Failure to screen clients against sanctions
lists;
(b) Providing services to sanctioned
persons;
(c) Facilitating transactions with sanctioned
persons;
(d) Breach of UK, EU, UN, or US
sanctions;
(e) Criminal prosecution under SAMLA
2018;
(f) OFSI penalties and
enforcement;
(g) Asset freezing orders affecting E-SOLICITORS.
- Providing services to sanctioned persons is a criminal offence. You indemnify E-SOLICITORS for ALL sanctions-related Losses including criminal penalties.
- Criminal Liability
21.1 You indemnify the Indemnified Parties against Losses arising from:
(a) Money laundering offences under POCA
2002;
(b) Terrorist financing offences under TA
2000;
(c) Sanctions offences under SAMLA
2018;
(d) Failure to report offences under POCA s.
330;
(e) Tipping off
offences;
(f) Any other criminal offences related to your practice.
21.2 This includes Losses where E-SOLICITORS is investigated or charged due to your criminal conduct or non-compliance.
Part G: Fca Compliance Indemnity
- Indemnity for FCA Breaches
22.1 Where you conduct FCA-regulated activities, you indemnify the Indemnified Parties against:
(a) Breach of FCA rules and
regulations;
(b) Conducting regulated activities without
authorisation;
(c) Breach of permission
conditions;
(d) FCA enforcement
action;
(e) FCA fines and
penalties;
(f) Consumer redress
schemes;
(g) Financial Services Compensation Scheme levies.
- Consumer Duty Compliance
23.1 Where FCA Consumer Duty applies, you indemnify the Indemnified Parties against:
(a) Failure to act to deliver good
outcomes;
(b) Products or services not meeting customer
needs;
(c) Failure to provide fair
value;
(d) Failure to support customer
understanding;
(e) Failure to provide adequate customer
support;
(f) FCA enforcement for Consumer Duty breaches.
- Regulated Activities
24.1 You indemnify the Indemnified Parties against Claims arising from:
(a) Insurance mediation
activities;
(b) Consumer credit
activities;
(c) Claims management
activities;
(d) Debt administration
activities;
(e) Any other FCA-regulated activities.
24.2 You warrant that you operate within applicable FCA exemptions or hold appropriate FCA authorisation.
Part H: Due Diligence Indemnity
- Indemnity for Due Diligence Failures
25.1 You indemnify the Indemnified Parties against Claims and Losses arising from:
(a) Inadequate due diligence on
clients;
(b) Inadequate due diligence on
matters;
(c) Failure to identify relevant
risks;
(d) Failure to conduct appropriate
enquiries;
(e) Accepting
instructions
you should have
declined;
(f) Failure to identify fraud or suspicious
activity;
(g) Any loss to E-SOLICITORS arising from due diligence failures.
- Client Verification
26.1 You indemnify the Indemnified Parties against Claims arising from:
(a) Failure to verify client
identity;
(b) Failure to verify client
authority;
(c) Accepting instructions from imposters or
fraudsters;
(d) Acting on forged or fraudulent
documents;
(e) Payment diversion fraud facilitated by inadequate
verification;
(f) Any fraud enabled by your due diligence failures.
- Conflict Checks
27.1 You indemnify the Indemnified Parties against Claims arising from:
(a) Failure to conduct conflict
checks;
(b) Acting where there is a conflict of
interest;
(c) Failure to manage conflicts
appropriately;
(d) Breach of SRA Code Rules 6.1 and
6.2;
(e) Client claims arising from unmanaged conflicts.
Part I: Referral Fee Indemnity
- LASPO 2012 PROHIBITS REFERRAL FEES FOR PERSONAL INJURY AND CLINICAL NEGLIGENCE. BREACH IS A CRIMINAL OFFENCE. YOU FULLY INDEMNIFY THE E-SOLICITORS FOR ANY LASPO BREACH.
- LASPO Compliance Indemnity
28.1 You indemnify the Indemnified Parties against all Claims and Losses arising from:
(a) Payment of prohibited referral fees for PI or CN
matters;
(b) Receipt of prohibited referral fees for PI or CN
matters;
(c) Arrangements 'in substance' amounting to prohibited referral
fees;
(d) Any breach of LASPO 2012 sections
56-60;
(e) Criminal prosecution under
LASPO;
(f) Regulatory action for LASPO
breaches;
(g) Third party claims arising from LASPO breaches.
28.2 You warrant that you will NOT pay or receive any referral fee for:
(a) Personal injury claims (including RTA, EL, PL, industrial disease
);
(b) Clinical negligence claims (including medical, dental, nursing
);
(c) Any matter that is 'in substance' a prohibited matter.
- Prohibited Referral Fees
29.1 You indemnify the Indemnified Parties against Losses including:
(a) Criminal fines up to £50,000 per
offence;
(b) SRA disciplinary action including striking
off;
(c) Repayment of unlawfully received
fees;
(d) Client claims for return of
fees;
(e) Reputational damage to E-
SOLICITORS;
(f) Costs of investigation and defence.
Part J: Claims Procedure
- Notification of Claims
30.1 You must notify E-SOLICITORS immediately (and in any event within 7 days) if:
(a) A Claim is made against you relating to a E-SOLICITORS-sourced
Client;
(b) You become aware of circumstances likely to give rise to a
Claim;
(c) A complaint is made to the Legal
Ombudsman;
(d) A complaint is made to the
SRA;
(e) Any Regulator commences
investigation;
(f) Criminal proceedings are
commenced;
(g) You receive any correspondence suggesting a Claim.
30.2 Notification must include:
(a) Full details of the Claim or
circumstances;
(b) Copies of all relevant
correspondence;
(c) Your assessment of liability and
quantum;
(d) Details of your PII
cover;
(e) Confirmation insurer has been
notified;
(f) Any other relevant information.
- Conduct of Claims
31.1 Where E-SOLICITORS may be entitled to indemnification:
(a) You shall not admit liability without E-SOLICITORS
consent;
(b) You shall keep E-SOLICITORS informed of all
developments;
(c) You shall provide copies of all material
correspondence;
(d) You shall consult with E-SOLICITORS on defence
strategy;
(e) The E-SOLICITORS may, at its option, participate in or take over the defence.
31.2 If E-SOLICITORS takes over conduct of a Claim:
(a) The E-SOLICITORS shall have full authority to defend or
settle;
(b) You shall cooperate fully with E-SOLICITORS's appointed
advisers;
(c) You shall execute any documents reasonably
required;
(d) You remain liable under the indemnity for any Losses.
- Cooperation
32.1 You agree to:
(a) Cooperate fully in the investigation and defence of
Claims;
(b) Provide all information and documents
requested;
(c) Make yourself available for meetings and
interviews;
(d) Give evidence and sign statements as
required;
(e) Not take any action that prejudices the
defence;
(f) Preserve all relevant documents and records.
- Settlement
33.1 You shall not settle any Claim that may involve the indemnity without E-SOLICITORS's written consent (not to be unreasonably withheld).
33.2 If E-SOLICITORS wishes to settle a Claim, it may do so if:
(a) The settlement is reasonable in all
circumstances;
(b) You have been
consulted;
(c) The settlement does not involve admission of criminal liability by you without your consent.
33.3 Settlement amounts are recoverable under the indemnity.
Part K: Insurance Requirements
- PII Requirements
34.1 You warrant that you maintain PII that:
(a) Complies with SRA Indemnity Insurance Rules
2023;
(b) Meets minimum cover requirements for your practice
type;
(c) Is provided by a qualifying
insurer;
(d) Covers claims arising from E-SOLICITORS-sourced
Clients;
(e) Is adequate for the nature and volume of your
work;
(f) Remains in force throughout your E-SOLICITORS registration.
34.2 Minimum indemnity limits:
Practice Type
Minimum Cover
Recommended for E-SOLICITORS
Recognised Body
£2,000,000
£3,000,000+
Licensed Body
£1,000,000
£2,000,000+
Recognised Sole Practice
£500,000
£1,000,000+
Freelance Solicitor
Per SRA Rules
£500,000+
- Minimum cover may be insufficient for indemnity obligations. Review your policy limits and consider whether they are adequate.
- Insurance Evidence
35.1 You must provide on request:
(a) Certificate of
insurance;
(b) Policy schedule showing cover
limits;
(c) Confirmation of qualifying
insurer;
(d) Confirmation no material
exclusions;
(e) Renewal evidence
annually;
(f) Run-off cover details if ceasing practice.
- Claims Notification to Insurers
36.1 You must notify your insurers of any Claim or circumstances in accordance with your policy terms.
36.2 Failure to notify insurers that prejudices cover does not relieve you of indemnity obligations to E-SOLICITORS.
36.3 You must not do anything that voids or prejudices your insurance cover.
Part L: Limitations and Exclusions
- E-SOLICITORS Liability
37.1 Subject to clause 37.2, E-SOLICITORS's total liability to you under or in connection with this Agreement shall not exceed:
(a) For a single claim:
£10,000;
(b) For all claims in any 12-month period: £50,000.
37.2 Nothing limits E-SOLICITORS's liability for:
(a) Death or personal injury caused by
negligence;
(b) Fraud or fraudulent
misrepresentation;
(c) Any liability that cannot be excluded by law.
- Exclusions from E-SOLICITORS Liability
38.1 The E-SOLICITORS is not liable for:
(a) The quality of your legal
services;
(b) Any advice given by
you;
(c) Your regulatory
compliance;
(d) Your AML/KYC
compliance;
(e) Your conduct of client
matters;
(f) Loss of your practising
certificate;
(g) Regulatory action against
you;
(h) Indirect or consequential
losses;
(
i
) Loss of profit, revenue, or
business;
(j) Loss of reputation or
goodwill;
(k) Any matters covered by your indemnity obligations.
- Caps and Limitations
39.1 Your indemnity obligations are NOT capped or limited.
39.2 The indemnities apply regardless of:
(a) Any limitation on E-SOLICITORS's
liability;
(b) Your ability to recover under
PII;
(c) The solvency of your
insurer;
(d) Any exclusions in your insurance policy.
39.3 You acknowledge that the indemnities may exceed your insurance
cover
and you accept personal liability for any shortfall.
Part M: General Provisions
- Warranties
40.1 You warrant that:
(a) You have authority to enter into this
Agreement;
(b) You are authorised by the SRA to provide legal
services;
(c) You maintain adequate
PII;
(d) You
are in compliance with
all regulatory
requirements;
(e) All information provided to E-SOLICITORS is
accurate;
(f) You will maintain compliance throughout your
registration;
(g) You will promptly notify E-SOLICITORS of material changes.
40.2 Breach of warranties constitutes a breach of this Agreement and activates indemnity obligations.
- Third Party Rights
41.1 The Contracts (Rights of Third Parties) Act 1999 applies to this Agreement.
41.2 Each Indemnified Party may enforce the indemnities directly.
41.3 Consent of third parties is not required to vary or terminate this Agreement.
- Governing Law and Jurisdiction
42.1 This Agreement is governed by English law.
42.2 The courts of England and Wales have exclusive jurisdiction.
42.3 You submit to the jurisdiction of such courts for any Claim under this Agreement.
SCHEDULE 1: INDEMNITY SUMMARY TABLE
Indemnity Category
Covers
Key Triggers
Legal Advice
All legal services and advice
Negligence, breach of duty, client claims
SRA Compliance
All SRA regulatory matters
SRA breaches, investigations, enforcement
Law Society
Membership and accreditation
Misrepresentation, standards failures
AML/KYC
All AML and KYC obligations
CDD failures, sanctions breaches, criminal liability
FCA Compliance
FCA-regulated activities
Consumer Duty, regulated activities breaches
Due Diligence
Client and matter due diligence
Verification failures, conflict failures
LASPO/Referral Fees
Prohibited referral fees
PI/CN referral fee payment/receipt
Key Points
ALL indemnities survive termination
Indemnities are NOT capped
E-SOLICITORS may enforce indemnities directly
Third parties (officers, directors, etc.) may also enforce
Failure to notify insurers does not affect E-SOLICITORS's rights
SCHEDULE 2: CLAIMS NOTIFICATION FORM
Notification of Claim or Circumstances
Date of Notification: _______________________________________________
Your Name/Firm: _______________________________________________
SRA ID: _______________________________________________
E-SOLICITORS Registration: _______________________________________________
Details of Claim/Circumstances
Client Name: _______________________________________________
Matter Reference: _______________________________________________
Date Instructions Received: _______________________________________________
Nature of Work: _______________________________________________
Claim Details
Nature of Claim/Potential Claim:
Date Claim/Circumstances Became Known: _______________________________________________
Estimated Value/Exposure: £_______________________________________________
Insurance
Insurer Notified: ☐ Yes ☐ No
Date Notified: _______________________________________________
Insurer Reference: _______________________________________________
Policy Limit: £_______________________________________________
Excess/Deductible: £_______________________________________________
Declaration
I confirm the above information is accurate and complete to the best of my knowledge.
Signed: _______________________________________________
Date: _______________________________________________
Schedule 3: Insurance Requirements Checklist
Requirement
Confirmed
Details
PII in force
☐
Qualifying insurer
☐
Meets SRA minimum cover
☐
Covers E-SOLICITORS-sourced clients
☐
No material exclusions
☐
Current certificate available
☐
Renewal date noted
☐
Claims notification clause understood
☐
Run-off arrangements (if applicable)
☐
Insurance Details
Insurer: _______________________________________________
Policy Number: _______________________________________________
Indemnity Limit: £_______________________________________________
Aggregate Limit: £_______________________________________________
Excess: £_______________________________________________
Policy Period: From _______________
To
Renewal Date: _______________________________________________
SCHEDULE 4: INDEMNITY ACKNOWLEDGMENT
Solicitor Indemnity Acknowledgment
I, the undersigned, acknowledge and confirm that:
Acknowledgment
Confirmed
I have read and understood the indemnity provisions in this Agreement
☐
I understand I am indemnifying E-SOLICITORS for my legal advice
☐
I understand I am indemnifying E-SOLICITORS for SRA compliance failures
☐
I understand I am indemnifying E-SOLICITORS for AML/KYC failures
☐
I understand I am indemnifying E-SOLICITORS for FCA compliance failures
☐
I understand I am indemnifying E-SOLICITORS for due diligence failures
☐
I understand I am indemnifying E-SOLICITORS for LASPO breaches
☐
I understand the indemnities are NOT capped
☐
I understand the indemnities survive termination
☐
I have reviewed my PII cover in light of these obligations
☐
I understand my PII may not cover all indemnity obligations
☐
I accept personal liability for any insurance shortfall
☐
I will notify E-SOLICITORS of Claims within 7 days
☐
I will cooperate fully with Claims procedures
☐
I acknowledge that these indemnity obligations are fundamental terms of my registration with E-SOLICITORS.
Signed: _______________________________________________
Name: _______________________________________________
SRA ID: _______________________________________________
Firm (if applicable): _______________________________________________
Date: _______________________________________________
- This acknowledgment does not limit the indemnity obligations. The full terms of this Agreement apply whether or not this form is signed.
Document Information
─────────────────────────────────────
Legal Framework
Contracts (Rights of Third Parties) Act 1999
SRA Standards and Regulations 2019 (as amended 2025)
SRA Indemnity Insurance Rules 2023
Money Laundering Regulations 2017 (as amended)
Proceeds of Crime Act 2002
Terrorism Act 2000
Sanctions and Anti-Money Laundering Act 2018
Legal Aid, Sentencing and Punishment of Offenders Act 2012
FCA Handbook and Consumer Duty 2023
Unfair Contract Terms Act 1977
Consumer Rights Act 2015
─────────────────────────────────────
Related Documents
Solicitor Terms and Conditions V2.2
E-SOLICITORS Terms - SRA Compliance Validation V2.0
E-SOLICITORS Terms - KYC/AML Compliance V2.0
E-SOLICITORS Terms - AI Disclosure V2.0
Privacy Policy V2.0
─────────────────────────────────────
Document Version: 2.0
Effective Date: January 2025
Last Updated: January 2025
Next Review: July 2025
─────────────────────────────────────
- THIS AGREEMENT CONTAINS SIGNIFICANT INDEMNITY OBLIGATIONS. You agree to indemnify E-SOLICITORS against Claims arising from your legal services, professional conduct, and regulatory compliance. These indemnities are uncapped and survive termination. Ensure your PII is adequate and seek independent legal advice if needed.