subject: Most Optimum Way To Engage Solicitors [print this page] In a just world all wronged people should have the opportunity to seek redressal in a court of law but this relief is seldom available to victims as they cannot afford the legal costs involved in their fight for justice. Moreover many countries force the legal costs incurred by the defendants on the unsuccessful plaintiffs which makes seeking justice a risky proposition to them as they may lose plenty and gain nothing in this hit or miss scenario.
Some solicitors who work on a 'no win no fee' basis, are quite preferred because such solicitors agree to take up such personal injury, accident and wrongful negligence cases on an understanding that they are not entitled to any fees from the clients if the case is lost in court. These terms are generally spelled out in the Conditional Fee Agreement (CFA) which is the standard agreement for all such cases.
According to English law the losing party is burdened with all the legal expenses of the winning party including court fees, solicitor fees, related insurance premiums etc. According to this law the court will direct the defendant to pay the legal expenses incurred by the successful plaintiff including his solicitor's fees. However this very law will also impose upon the claimant the legal costs of the defendant in the event that a defendant wins the case. Solicitors also need to look out for alternate payment options for their services as the 'no win no fee' clause disbars them from being paid should they lose the case. This danger to the client as well as to the solicitor can be done away by taking an After the Event insurance policy.
ATE policy is availed to take care of all payments that the client can get saddled with, in case of unsuccessful lawsuits. It also guarantees payment to the solicitors if they lose. The gamble for justice will be a zero-risk proposition as ATE insurance cushions you from the nasty after effects of an unsuccessful litigation. The cost of the insurance is payable only at the end of a trial upon a successful verdict which again is an encouraging factor. Many existing vehicle insurance policy and other general policies include coverage of all litigation costs should litigation become necessary in which case ATE insurance will not be needed.
While drafting CFA, ensure that a clause of 100% compensation is included in the wording to thwart any attempts by the solicitor to stake claim on a portion of your winnings. With all these practices in place, justice is now within reach of the rich and poor alike.
