No Win No Fee Solicitors

 

What does the term "no win no fee" stand for?

The term 'no win no fee' is used extensively and it can relate to a number of quite different agreements. Generally 'no win no fee' is used in the context of conditional fee agreements (cfas). Under such agreements, if you win your case, you must pay your solicitor's fees and any expenses for items such as experts' reports and barrister's or other solicitor's opinions. These are known as disbursements. If you lose, you need pay no fees to your solicitor. However, you may have to pay your opponent's legal costs and both sides' disbursements. Conditional fees are subject to regulations which set out what a solicitor must tell the client. A solicitor who does not abide by the regulations runs the risk of not getting paid at all, win or lose.

Is There Anything I Need To Be Aware Of?

Sometimes a no win no fee solicitor will attempt to make you agree to pay his fees on the grounds that you can be reimbursed by your opponent once you win the case. However, you should keep in mind that the courts will only reimburse you for the reasonable fee costs of your solicitor – so if you agree to such an arrangement there is a chance that you will not be getting all compensation you are rightfully entitled to.

You need to be aware that if you lose your claim, although you will not be responsible for your own "no win no fee" solicitor's fees, you will probably be held accountable for fees off the defendant and even, possibly, court fees. If you are going to use a no win no fee compensation solicitor you should make sure that you ask them who will pay if you do happen to lose the case. Obviously you need to determine your chances of actually winning your case.

A good solicitor will tell you that they have taken out insurance to cover this situation. If, however, your solicitor has not taken out insurance, you should urge them to do so, as solicitors' and court fees are expensive and can easily be covered with a minimal premium paid to a fair insurance company. That being said see the scam article below to see how even this can go badly wrong, an I am definatelt not a fan of many insurance comapnies.

The NO WIN NO FEE SCAM

Unfortunately it seems to me that the whole "no win no fee solicitor" system came about as our government was simply not wanting to keep paying the costs associated with the previous legal aid scheme (oh my god giving everyday normal citizens equal and fair access to the legal system). This new legislation has it appears to me helped bring about the increase in the horrendous claim culture that seems to be spreading in our country like a selfish self obsessed virus.

We need to be careful, I heard on one rip off (thats only my opinion of course) company trading a no win no fee solicitor scam perfectly legally in South Wales, the Midlands and Northumberland, advising tenants they might have a compensation case against their local authority or housing association. Literally they knocked door to door. One elderly couple started a claim for compensation against their local authority landlords. First though, they were asked to take out an insurance policy to cover them for legal costs in case they should lose. They were told the initial cost would be £519, for which they were given a loan. They actually won £1000 pounds in compensation but were then faced with a bill of over £1500 perfectly leaglly by the company for the loan and other charges like a risk assesment and a site survey! Basically the no win no fee company was massivley overcharging (their solicitor fees were over £160 per hour) Although they won the landlard appealed the charges and the judge quite reasonably agreed. Because they won the lose insurance didn't pay out either.