What is No Win No Fee? What does it mean? Is it true that it does exactly what it says on the tin? I know it’s a common term nowadays, but do any of you understand what it actually involves?
There are actually multiple answers to this question – but realistically, it all comes down to which lawyer you choose to represent you.
What Happens if You Lose?
If your compensation claim fails to succeed, under a No Win No Fee, you should not be liable for any of your lawyer’s fees. The reason I say should is because there are lawyers out there who are prepared to be sneaky and may try and get something out of you.
With a proper No Win No Fee – there are no costs to you whatsoever if the claim loses.
Simply put, your lawyers will only take on a claim if they think it has a good chance of winning. So, we don’t expect to lose your case. That’s why, and how, we can offer the No Win No Fee. We can also obtain insurance to cover any costs to ensure you are never charged.
But anyway, enough with the depressing stuff – What about if your claim WINS!
If Your Claim Wins
Firstly, congratulations on being able to access the compensation you thoroughly deserve. All that’s left now is to settle an amount that reflects the severity and length of your pain, suffering, and loss of amenity.
So, if your claim is a winner, what charges are you liable to pay your solicitor? Again, this all depends on the No Win No Fee lawyer you instruct for the case.
THE GENUINE NO WIN NO FEE
A Genuine No Win No Fee agreement is different to most others. Before I explain the difference, it’s important to understand that, just because a solicitor says theirs is genuine, doesn’t mean it is.
A Genuine No Win No Fee agreement means your lawyer limits their legal fees in writing to whatever they recover from the other side. This means that your lawyers cannot charge you any of their fees for a successful claim.
I can actually show you the difference right here:
Genuine No Win No Fee: “If, for any reason, we are unable to recover our fees from your opponent, we shall NOT look to recover the fees from you.” Notice the NOT in capitals? It’s quite clear this means your lawyers can’t charge you at all!
Standard No Win no Fee: “we will seek recovery of your legal fees from your opponent.” The term “seek” means they will only try; so what happens if they don’t get all of their fees back? You are liable for them!
It may be even worse, and say “if you win your claim, you pay our basic charges, our disbursements and a success fee. You are entitled to seek recovery from your opponent of part or all of our basic charges.” This, in my opinion, is outrageous! It actually means that, in writing, you are responsible to recover your own solicitors’ fees”. They should have a costs department to deal with that.
But hey – it can get worse! It may even have a clause in there to state “if you receive provisional or interim damages, we may require you to pay our disbursements at that point.” An interim payment is designed to help you out financially whilst the claim is going through the motions; what use is it if it’s going to be used to pay your solicitors legal fees!?
The point I’m trying to make is: read any agreement thoroughly before you agree to it. If you question the solicitor about anything that makes you liable for costs, make sure they give you a straight answer; not “oh, we would never do that though”, or “it has to be worded that way”.
The Genuine No Win No Fee means your lawyers cannot charge you for their fees for a successful claim. This is a safety net designed to protect you.
We operate on a Genuine No Win No Fee basis – make sure you always get the Genuine agreement that means no costs to you whether you win or lose the case; ever!
