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An Objective Look at the Conditional Fee Soliciting System of the UK

November 14, 2012 by  Filed under News


The concept of the conditional fee agreement was introduced in the United Kingdom in order to ensure that legal jurisprudence became easily accessible to people from every class and corner of the country. Previously, the provision of fling injury claims was always there; however, due to the high fees of the lawyers and the legal expenses that ran to quite a high number, most people could not afford to file compensation claims. The appearance of the no "no win no fee"win no fee solicitors, on the other hand, acted as the panacea to all problems. This system meant that people would not have to pay the fees of their lawyers until and unless the case was resolved in their favor  that is, unless the solicitor had managed to win a compensation on the behalf of their clients from the guilty party.

The Upsides of the System

The beauty of the no win no fee soliciting system lies in the fact that almost every kind of personal injury claim can be filed under this provision, starting from accident at work compensation claims to whiplash injuries resulting from an accident on the roads. All the claimant should keep in mind is the fact that he or she could not be held responsible in any way whatsoever as having contributed to the accident. This is of the utmost importance, since being considered even a little bit at fault can severely undermine the gravity of the case and seriously jeopardise the client’s chances of winning a compensation for the trouble that he or she had had to undergo.

Monetary Gains

The client filing for the mishaps he or she had had to undergo due to medical negligence or the negligence and callousness of an employer needs to pay up for the services of his or her lawyer only after the case has been won. Moreover, if apt provisions are made, the client would not even have to pay the fees of the lawyer or bear any other expenses injured during the trial, and all of these expenditures can be included into the compensation amount itself. This would mean that the respondent party would be responsible for the entire legal expenses incurred by the claimant.

Clarity and Transparency

One of the best parts about this kind of a soliciting system is the honesty that is involved here. Since a lot is at stake for the lawyers, they are usually highly eager to keep things extremely transparent between themselves and their clients. Therefore, on filing a compensation claim for a slip or trip accident, you can rest assured that all the details of the case will be laid out to you clearly, and that every question that you have will be answered in great detail. Moreover, these lawyers are the most likely to be absolutely clear and honest about your chances in the case. In fact, if you have managed to get a lawyer to represent your case on a no win no pay basis, you can rest assured of the chances of procuring your reparation money; only the most promising cases are taken on by lawyers.

The Inevitable Downsides

However, there are quite a few points that should be kept in mind while engaging the legal services of a no win no fee solicitor. Like everything else, these kinds of solicitors also have their downsides; you should do your best to avoid these situations, and, if they are unavoidable at least try to make the best out of them. Some of the downsides of this system lie in the very fabric of this system, and are so well woven that it is almost impossible to distinguish them from the upsides. In fact, the biggest challenge lies in the fact that the system simply cannot be made separate from its flaws, as that would require taking away the basic essence and goodness of the system as well.

Getting One on Board

The huge economic stakes that are involved in the making of this system leads to a difficulty in procuring a solicitor who would be willing to work on the conditional fee basis. The lawyer stands to lose a lot of money, namely, the entire fees if he fails to win the case. Moreover, the issue goes much deeper than just the economic angle; the reputation of the lawyer is at stake here as well and losing a case such as this might act as a besmirching blot on the career of the concerned lawyer.

Power Play

The economic impetus that the conditional fee agreement provides the solicitor can turn the whole situation into a game of much power struggle. The solicitor might work with the best interests of himself or herself in mind, instead of keeping in mind your specific interests. It should be kept in mind that the provision of an out of court settlement is always there, irrespective of whether the claim or compensation has been filed on a no win no fee basis or otherwise. The problem here arises from the fact that the out of court settlement is always a sure shot method as far as the solicitor is concerned; both parties reach to a consensus and technically, the compensation is extracted and the lawyer can collect his or her fees. With all these in mind, the solicitor is highly likely to pressurise his or her client into settling the compensation case out of the court. In this process, it is also highly likely that the lawyer might not opt for this kind of a settlement with the best interests of the client in mind, but his or her own profit. Therefore, it is possible that the client might lose out in the process considerably, thanks to the fact that he might have been able to gain more compensation if they had taken the case to court instead.

In Conclusion

The no win no fee soliciting services can be availed quite easily, but it is necessary to read the fine print before signing on the dotted line. Do not forget to draw up a most exhaustive contract with the solicitor that you have appointed. In this contract, include all the necessary points regarding fees, terms of service and provisions to be made in case of any unprecedented circumstance.

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  5. No Win No Pay System as a Significant Development in the Field of Law and Judiciary