What Does “No Win, No Fee” Mean?
“No Win, No Fee” For Solicitors Explained
This is a phrase you have probably heard of before and in personal injury law it is an agreement that a Solicitor may enter into with a client who has suffered injury in an accident. It simply means that unless you succeed in your injury case you will not pay any legal fee to your Solicitor for their services.
The purpose of entering into such an agreement with your Solicitor is that it allows you an opportunity to pursue a claim for compensation if you suffered injury in an accident. If you are unsuccessful in your case you do not pay legal fees to your Solicitor. On the other hand, if you are successful in your case in that it is settled outside of Court or you receive an award from a Judge in Court then legal fees will apply. The purpose of entering into such an agreement with your Solicitor is to give you the legal power to pursue a claim for compensation regardless of your financial circumstances or legal experience.
Solicitor’s fees will typically vary depending on the complexity of the case and your Solicitor will be in a position to give you an estimate of the likely costs which you are exposed to before you engage their services. Although a Solicitor can operate on the basis of a “no win, no fee” agreement with their client they are strictly prohibited from advertising such services.
It is however perfectly legal to enter into such an agreement with your Solicitor. If you decide to enter into such an agreement with your Solicitor it is important that you speak with your Solicitor so that you are aware of all aspects of your case and the conditions of such an agreement before moving forward with a case. In some cases where a “no win, no fee” agreement has been put in place with a client but the case is unsuccessful the client may still have to refund outlays which the Solicitor has paid on their behalf such as Court stamp duty, medical report costs etc. It is also important to bear in mind that where you are unsuccessful in litigation you may have an exposure to pay the other side’s legal costs, depending upon the outcome.
*In contentious business a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.