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A detailed explanation of no-win no-fee agreements

Writer: Brian AJ  Newman LLBBrian AJ Newman LLB

A no-win no-fee client agreement, also known as a conditional fee agreement (CFA), is a type of legal agreement between a client and their lawyer. It is commonly used in personal injury cases, but can also be applied to other areas of law such as employment disputes or medical negligence claims.

A detailed explanation of no-win no-fee agreements
A detailed explanation of no-win no-fee agreements

Here is a detailed explanation of how a no-win no-fee client agreement works:

1. Initial Consultation: The first step is an initial consultation between the client and the lawyer. During this meeting, the lawyer will assess the client's case and determine if it has a reasonable chance of success. They will also discuss the terms of the no-win no-fee agreement.


2. Agreement Terms: If the lawyer believes the case has merit, they will explain the terms of the no-win no-fee agreement to the client. This agreement states that the client will not have to pay any legal fees upfront or during the course of the case. Instead, the lawyer's fees will only be payable if the case is successful.


3. Success Fee: In addition to the regular legal fees, the lawyer may also be entitled to a success fee if the case is won. This fee is usually a percentage of the compensation awarded to the client and is meant to compensate the lawyer for taking on the risk of not being paid if the case is unsuccessful.


4. After-the-Event Insurance (ATE): In some cases, the lawyer may require the client to take out an after-the-event insurance policy. This insurance covers the client against any legal costs they may be liable for if the case is lost. The premium for this insurance is usually paid by the client, but it is only payable if the case is successful.


5. Case Progress: Once the agreement is signed, the lawyer will start working on the case. They will gather evidence, interview witnesses, and build a strong legal argument to support the client's claim. Throughout the process, the lawyer will keep the client informed about the progress of the case.


6. Case Outcome: If the case is successful and the client receives compensation, the lawyer's fees, including the success fee, will be deducted from the awarded amount. The client will then receive the remaining compensation. It's important to note that the client may still be responsible for certain costs, such as court fees or medical reports, which are not covered by the no-win no-fee agreement.


7. Unsuccessful Cases: If the case is unsuccessful, the client will not have to pay the lawyer's fees. However, they may still be responsible for certain costs, such as the opponent's legal fees or expenses incurred during the case. This is where the after-the-event insurance policy comes into play, as it can cover these costs.


Overall, a no-win no-fee client agreement provides an opportunity for individuals to pursue legal action without the financial risk of paying legal fees upfront. It allows access to justice for those who may not have the means to pay for legal representation and encourages lawyers to take on cases with a reasonable chance of success.


In more recent times, no-win no-fee agreement have also become a popular option in the professional Employment and Human Rights Advocacy industry.


The best example of this is www.1800ADVOCATES.au

 
 
 

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