A no win no fee lawyer provides legal services, advice, and/or representation on a basis of contingency.
What this really means is that they don’t require any upfront payment for their services or representation while the case is in progress.
If the lawyer does not win the case, they do not receive any payment for any of their services.
In the event that your case is won, you will then be charged for the legal services provided by your lawyer.
There are many advantages to this type of no win no payment structure.
Most significantly, it provides access to legal services to those who do not have the means to pay for costly legal fees.
A contingency lawyer will also take the time to investigate and assess each unique case individually in order to determine the likelihood of success.
No win no fee lawyers are unlikely to take on cases that they aren’t likely to win.
However, there are a few risks and hidden costs that may be associated with this payment structure.
It’s important that you are aware of this before signing a contract for representation with a no win no fee lawyer:
Just because a client will not be responsible for the lawyer’s fees if the case is lost does not mean that they will not be liable for any other costs associated with the case.
Court fees, printing and copying, investigations, expert reports, and so forth all cost money.
You will most likely need to pay these costs regardless of whether the case is won or lost.
Most cases that seek some type of compensation never actually reach a court of law and are generally settled by the two parties and the lawyers representing them.
This is called a settlement and poses various risks in a no fee no win agreement. Let’s take a look now at some of these potential risks:
– If the case is settled, your lawyer will charge legal fees. In the past, these fees represented a percentage of the amount of compensation received.
However recent changes in the law mean that lawyers can no longer deduct their fees from compensation.
The fees are now paid after compensation has been received and can go as high as 25%.
– If the case is not settled, your lawyer may advise that continuing with the case may not be a good idea as the chances of success in court may not be high.
– Whether the case is settled or you choose not to go ahead with court proceedings, you will still be held liable for the additional costs mentioned above.
However, your lawyer will probably not charge for any expert reports or investigations into the case.
Even if your own lawyer does not require any legal fees unless the case is successful, the legal team representing the respondent may request that their legal fees be covered by you and that you cover all costs of the court case.
This is, however, is only likely to occur if the case goes to court and doesn’t end up in a settlement scenario.
It is important to be aware that this can be very costly and may even incur expenses that are in the range of 6 figures.
Although the advantages of a no win no fee contract may have some hidden risks that you need to be aware of, this does not mean that it cannot be beneficial to you.
The very fact that you will receive a free consultation to expertly and legally assess the likelihood of your case being successful is an advantage.
Understanding if you actually have a claim against another party, what the claim is worth, and how like it is to be awarded is essential to moving forward with a legal case.
Just read the fine print carefully and ensure that you know what costs you will be liable for if the case is settled or goes to court and whether you win or lose.
If you need a reputable law firm to help you with a workers’ compensation 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/