No Win No Fee Explained

What Does No Win No Fee* mean for your Personal Injury Case?
A No Win No Fee arrangement between a client seeking compensation for a personal injury and a solicitor means that the solicitor / law firm will not charge for their legal services if the client’s case is unsuccessful. These agreements make it possible for individuals seeking fair legal representation.

LEGAL TERMS

law society of Ireland

While solicitors can only provide estimates at the early stages of an injury case, the NWNF agreement will alleviate concerns about upfront costs for their client.

There are strict Advertising Restrictions in place so Solicitors in Ireland are prohibited from directly advertising NWNF services.

The Law Society of Ireland regulates solicitors and ensures adherence to ethical practices. Visit Law Society Website >

With these regulations in place, solicitors are legally obligated to ensure clear communication about the terms of the agreement, potential costs, and the expected timeline. (see below for Advertising regulations)

FAQS

What is the purpose of no-win-no-fee agreements between solicitor and client?

Having a No Win No Fee agreement provides access to legal services for clients who may otherwise be unable to pay fees before a case is resolved. Risk mitigation through a No-Win-No-Fee agreement minimises financial risk for clients, as they pay only if they win their case. These agreements are available regardless of an individual’s financial situation.

What are the rules for a No Win No Fee agreement?

In Irish law, No Win No Fee agreements between solicitors and clients are lawful. A No Win No Fee agreement means a solicitor cannot charge for their legal services unless they achieve a successful outcome in the case. The case can be settled successfully either outside of court or through a judge’s ruling.

What types of claims are on a no win no fee basis?

No-win, no-fee agreements cover a variety of cases, typically involving some form of injury. Whether you were injured at work, in a public place, or in a road traffic accident, our solicitors will assist you with a compensation claim without any upfront legal costs. Common accidents that result in a no-win, no-fee claim include:
Accidents at Work, Road Traffic Accidents, Bicycle / E-Scooter Accidents, Accidents in Public Places, Medical Negligence Claims, Back / Head Injuries, Post-Traumatic Stress Injuries and more.

What happens if I lose, my injury case?

A no-win-no-fee agreement protects you from paying your solicitor’s legal fees if you lose your case. However, we must point out that if your claim is dismissed by a court, the judge may order that the defendant’s costs be paid by you. In practice, very few cases reach a court hearing. The vast majority are settled without going to court or on the morning of the hearing.

What happens if I win my case?

If your case is successful, legal fees will apply, but in most cases, your compensation will cover most of your legal fees, often as part of a settlement.

Legal Fees

How much will my case cost?

Legal fees will always vary depending on the complexity of the injury case. We provide our clients with an estimate of costs at an early stage of the case once we have a clear understanding of the accident type and the injuries sustained.

Safety of using a No Win No Fee Solicitor

Is it safe to use a No Win No Fee Solicitor?

Yes, it is perfectly safe to have a no win no fee agreement with your solicitor, as The Law Society are the regulatory body in Ireland for any practicing Law firm and they have strict rules in place for law firms to adhere to. See Law Society Regulations below. These types of agreements between solicitors and clients are attractive from the client’s perspective, as they effectively provide a completely free legal service in the event that the claim fails (subject to the proviso that a claimant may be held liable for the Defendant’s costs in the event that a claim is dismissed in Court, but this is a very rare outcome).

Terms and Conditions of a No Win No Fee agreement

What are the terms and conditions of a No Win No Fee Solicitor?

It’s important you clarify the terms of your No Win No Fee Agreement with your solicitor as these conditions may vary from law firm to law firm. In some unsuccessful cases, although the solicitor cannot charge any legal fees, there may be outlay costs that the client will be liable for, such as medical reports, court stamp duty, etc. At Synnott Lawline, Once you Instruct us to take on your case, we ensure your agreement is in place in writing.

Starting a case on a no-win-no-fee basis

How do I know if I can claim on a no-win, no-fee basis?

Your solicitor will inform you during the first consultation if they can offer a No Win No Fee Agreement following the evaluation of your case.

Any catches to a no-win-no-fee agreement?

Is there a catch to no-win-no-fee?

An exception to this rule arises if the legal team or a court discovers that a client acted dishonestly or maliciously while making the claim, or if the client is found to be in breach of the agreement with the solicitor. In such cases, the client may be liable for costs. At Synnott Lawline, we always ensure that you have all the facts from the very beginning of your case.

The legalities of engaging with a No Win No Fee Solicitor

Is it safe and legal to engage with a No Win No Fee Solicitor?

Yes, it is legal and safe to enter into a no-win, no-fee arrangement with a solicitor. Many solicitors in Ireland operate in this way. No-win, no-fee agreements can vary between solicitors. Therefore, it is important to discuss all aspects of your case with your solicitor before proceeding.

Client costs for NWNF agreements

Are there any costs for a client with a NWNF agreement?

Even with an NWNF agreement in place, a client may still have to cover potential outlay costs and may be responsible for certain costs, such as stamp duty or medical expenses. In some cases, the client may be responsible for the other party’s legal costs. However, your solicitor will keep you informed about your case’s progress at all stages.

Success fees

Who pays the success fee?

There is no success fee as such. In most cases, the bulk of a claimant’s legal costs are payable by the other side, but there is usually a shortfall in recoverable costs, which the claimant must pay.

DAVID SYNNOTT EXPLAINS NO WIN NO FEE

Principal Solicitor, David Synnott, explains clearly what no-win no-fee means for clients

No Win No Fee* – A term for a legal agreement to describe how solicitors take on a case where they pay the costs of the litigation. In the vast majority of cases, clients would not be in a position to fund the cost of litigation and thus it is quite a common practice for specialised personal injury firms to operate on a “no win no fee” basis.

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