‘No win-No fee’ lawyers, also known as ‘contingency fee’ lawyers, are standard practice within the American legal system. You can even get a burglary lawyer or assault lawyers of this kind. You are also free to choose a male or female lawyer. To put it simply they will take your case and guarantee not to charge lawyer consultation fees unless they are successful at which point a percentage of your claim will be deducted to cover their fees. For those people who cannot afford to pay the fees from attorney consultation to the costly hourly fees charged by most law firms it makes the legal system more accessible. Sounds good, doesn’t it? However, while this is indeed an excellent option for a lot of people caution must also be exercised. These 8 tips will provide an idea of the things that you should look for before you proceed with a claim on a ‘No Win-No Fee’ basis.
1) Finalize the Percentage Payment
Under the Rules of Professional Conduct any ‘contingency fee’ arrangement must be clearly laid out in writing and state exactly what percentage payment will be deducted from a successful claim and also how this percentage will be calculated. Some law firms use a sliding fee scale according to whether or not the claim is settled before going to court or after. Make sure you fully understand the percentage to be paid as it may end up being drastically more than just paying on an hourly basis. Generally you can be expected to pay between 25 – 35% of any successful claim.
2) Establish What Expenses Will Be Incurred
While the lawyers may offer a no fee service in the event of losing the claim do not forget that there will be other costs incurred. These include doctor’s charts, medical records, and expert witness testimony. Ask in advance how these costs will be paid for. Will you have to pay or is the law firm willing to advance the payment. It is also important to clarify how expenses will be treated in the final calculation of payment. Will such costs be taken into account before the lawyer’s percentage is calculated or will the fee be deducted from the full settlement amount? These expenses can be costly and therefore working out how the percentage is calculated may make a big difference to the amount you receive.
3) Check if the firm has the necessary experience
‘No win-No fee’ cases can cover a wide range of issues. Make sure that the firm you select has the necessary experience in the exact area your case will be pursued. A ‘contingency fee’ lawyer with a 100% success record may seem like ideal choice. However if they have only ever worked on road traffic accidents and you are claiming for a workplace injury they may not know all the relevant law. Each area of law requires particular knowledge and experience.
4) Big Firm vs. Small Firm
‘No win-No Fee’ claims rely upon success in order for the lawyers to receive a fee. Therefore for such claims taken by a larger firm it may be that the initial consultation is with a senior lawyer however the case is effectively delegated to a junior associate or paralegal. If you choose a smaller firm it is more likely that the person you meet with at the outset will deal with your matter from start to finish and therefore be more familiar with your case. However you may find it is more difficult to secure a small firm for a ‘No Win-No Fee’ basis as they may need a guaranteed income from the case.
5) Managing Expectations
It can be argued that a lawyer will not take a ‘No Win-No Fee’ case unless they believe they have a strong chance of winning, however nothing is 100% certain. Before committing to any claim ensure you fully understand the chances of success, what you can reasonably expect to receive should you be successful and also what will the proposed timeframe be. It is important to manage your expectations and keep them realistic. Often the advertising for ‘No Win-No Fee’ lawyers tend to encourage you to think it is impossible to lose. However some cases do lose. Make sure you understand that and have not spent the money before you even receive it.
6) Check the Small Print
As with any contract before you commit yourself make sure you understand all of the eventualities. It has already been stated how important it is to establish the percentage fee and how expenses will be covered. It is also important to check what happens if you decide to terminate the claim half way through. You may well then be liable to pay for all of the hours worked on your case.
7) Ask Questions
The stupidest question is always the one you don’t ask. In order to establish a good working relationship with your lawyer it is important that you feel able to ask about any issues which concern you. It has already been stressed how important it is to ask about the percentage fee, who will pay expenses and how much experience the firm has in the particular area of your claim. If you do not feel you can ask your lawyer these questions, or they seem apprehensive to answer them, then it is time to find another lawyer.
Shop Around
If you are shopping for a car you don’t buy the very first one you see. Likewise, when trying to choose the right ‘No win-No Fee’ lawyer you should shop around. There are numerous law firms out there trying to push for contingency fee claims. Make sure you choose the right one for you. Remember ‘No win-No fee’ lawyers work on the basis they will receive a chunk of the pie, it is important not to choose a lawyer who is only concerned about how big that pie is. Before committing to a claim, make sure to follow these tips and ensure the lawyer has not only the experience to assist you, but also understands what is in your best interests.
Related posts:
Very to the point article. Now… A contingency no win no fee arrangement clearly provides access to the courts for those clients who cannot afford to pay the attorneys fees and costs of civil litigation – so that’s a good news… Great news since it provides a powerful motivation to the solicitor to work diligently on the client’s case, and since the lawyer assumes the financial risk of litigation, the number of unmeritorious cases can be reduced comparing with per hour compensation. But… It seems like a lot of initial due diligence for the solicitor as not all cases are initially transparent. Some cases require extensive investigation before the chances of success can be properly assessed. And therefore a lot of potentially winning cases might be turned away because even the initial due diligence of their strength is expensive and risky, therefore many victims of personal injury won’t have access to reliable no win no fee lawyer. The question is, how to increase clients’ chances for the case to be taken into consideration?