A worked example.
Illustrative — the firms, names and figures below are invented
Ashcroft Partners acts for a client on a supply agreement. The counterparty asks for an uncapped indemnity, and the associate wants to know what the firm has accepted before.
- Playbook · 2023
- Fallback position: indemnity capped at 100% of fees, with a sub-cap for data breach.
- Matter A · 2024
- Accepted a 150% cap after the client instructed commercially.
- Matter B · 2024
- Held the 100% cap; the counterparty conceded.
- Email · Matter A
- Partner records the reason: the client wanted the contract signed before quarter end.
- Engagement letter
- Scope excludes tax advice; a later email extended it.
The playbook and the practice disagree. The firm's stated fallback is 100%, and it has accepted 150% once, for a stated commercial reason, on one matter. The answer sets the playbook's line beside each matter's own record, cited, so one deviation reads as one matter's choice rather than quietly becoming the firm's position.