What is a no win, no fee solicitor?
A no win, no fee solicitor will not charge their client any fees for representing them unless their claim is successful.
Usually, these type of solicitors work in the areas of the law where compensation can be claimed for medical expenses, loss of income and other expenses from a third party.
If the claim is successful, the solicitor will deduct their fees from the compensation that is received by their client.
There are however a number of stipulations that apply to this service.
For example, all costs for investigating the case and bringing it to court are not always included in the no win, no fee agreement.
In other words, the lawsuit will not be entirely free of charge for the client.
Therefore, it is crucial to read the fine print to find out exactly which costs you will be liable for.
A solicitor will first and foremost evaluate a claim to ensure its validity.
They will ensure that there is an amount that can legally be claimed for and that there is a party that can be held liable for expenses related to an injury.
They will also establish if there is clear evidence of intent or negligence by this party resulting in the event or circumstances that caused the injury.
In other words, they will not take on a case that is not likely to result in a successful claim.
There are a number of additional costs associated with a personal injury claim or lawsuit that do not form part of the solicitor’s fees.
These are referred to as out of pocket expenses or disbursements.
These expenses will need to be paid by the client and the solicitor will normally bill their client or request a retainer.
A retainer is an upfront payment that a client will make to the solicitor from which additional costs will be deducted throughout court or other proceedings.
These additional costs may include:
– Barrister Fees
– Medical Records or Reports
– Police Reports
– Court Fees
– Title Searches
– Expert Witnesses
Uplift fees are the fees charged by a solicitor over and above their legal fees.
This fee must be stipulated in the agreement and an explanation of how the amount will be calculated must be included.
Normally an uplift fee will be calculated as a percentage of the total legal fees.
There may be restrictions placed on the maximum percentage that can be charged depending on the state in which you live.
In some states, a lawyer may charge a contingency fee. This fee is calculated as a percentage of the compensation that is awarded by the court to their client.
It is important to understand how a win is classified in a no win, no fee agreement.
Any result where the client is awarded compensation is considered to be a win whether awarded by the court/tribunal or in a settlement agreement.
A win may also be where a settlement is offered but refused by the client against the advice of their solicitor.
If you need a reputable law firm to help you through any sort of legal claim, please contact us at White Jordin Lawyers on 07 3211 8644 or through our website https://www.whitejordin.com.au/contact-white-jordin-lawyers/