Just What Is The No Win, No Fee All About?
It seems absolutely absurd that a solicitor would take on work
, if they weren't guaranteed any monetary reward for their diligent work. After all, your parents have undoubtedly brought you up to understand quite clearly that, solicitors charge exorbitant amounts of money for their work. Whilst it may be justified, because of the extended amount of time they spend at university, it is still perplexing to any lay-person as to how the "no win, no fee" claim could possibly be true in practice.
The reasoning behind this is that, a solicitor has a fairly good idea of what is a good claim, and what is not. If the case is lost, then the solicitor is under the full understanding that he or she will receive absolutely nothing. In addition, it should be understood that in the same predicament, the client will also have to cover the legal costs of the defendant. This law allows the responsibility to be somewhat distributed amongst both client and solicitor, because both the client and solicitor understand that if the case is lost, they'll both lose out, in both time and money. Thus, the solicitor will be inclined to only take on cases that he or she believes will be successful claims. Therefore, this prevents unnecessary cases appearing in front of the judge.
It is also claimed, especially in the British adverts, that even if the client wins, he or she will not pay a single penny to their solicitor. This is because the defendant is responsible for the legal costs of the person bringing the charges forward, plus an uplift fee, which is a synonym for a success fee. This fee, under British law, cannot exceed 100% of the solicitors overall fees. As the client will be responsible for the defendant's legal costs if their case is unsuccessful, they can often take out insurance -- called After the Event Insurance (ATE). This will offer some protection to the client if funds are required to be given to the defendant. Interestingly, if the client was unaware of the After the Event Insurance because their solicitor neglected to inform them of such paperwork, then there are grounds for negligence against the client's solicitor.
This explains why the "no win, no fee" policy is often the preferred method for personal injury claims. It is possible to fund the claim entirely yourself, however, this would be unlike since the aforementioned method offers copious amounts of protection for the client. One might be inclined to seek Legal Aid for such a claim -- which is money given to the client for bringing a case to court, however, Legal Aid is rarely given for personal injury cases, with the exception being severe cases where the government may intervene.
In conclusion, the "no win, no fee" policy offers many advantages to each party. It allows the courts to remain relatively free from pointless claims, since, if unsuccessful, the clients would be responsible for the defendant's legal fees, and the solicitors would receive no payment. It also allows the client to keep his or her entire compensation if the case is successful, and the solicitor receives his or her exorbitant fee, plus an uplift fee. On the surface, the "no win, no fee" claim may seem unrealistic, however, as it happens, it's actually quite an ingenious way to serve justice, since it keeps everything quite fair.
Perhaps the nicest aspect of it is that it allows individuals to bring a case to court, even if they don't have the necessary funds -- since the After the Event insurance will protect them, although inevitably they will still be responsible for the defendant's fees. It allows justice to be served, irrespective of the client's monetary status.
by: Sarah James
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