The
Law Society's Conditional
Fee Agreement (CFA), popularly known as a "no win no fee"
agreement was first introduced in 1996. It allows solicitors to
agree to waive their fees if a case is unsuccessful. However, caution
should be exercised - a CFA does not necessarily
mean that there are no costs implications
for you if the case is lost. CFAs
come in different flavours - they can vary from solicitor to
solicitor. A model CFA is published by The Law Society, which most
solicitors then adapt to suit the "terms and conditions" of
their firm or to suit individual cases. For example, some solicitors return 100% of your compensation, some
don't; some will fund your claims, others ask you to pay for
disbursements (such as medical reports etc).
There
are three important things to note about CFAs:
1.
Firstly, "no win no fee" usually means just
that - if you win, you will have to pay your solicitor. A Conditional
Fee Agreement could be written to allow a solicitor to claim fees from the
client as well as the client's opponent when the case is won. And many
solicitors do take a percentage of their clients' compensation as part
of their fees.
However,
at Accident Claims Direct, our panel solicitors have agreed to claim all
their costs from the other side and return 100% of compensation to
clients. Ours is a "No Fee" service - win or lose.
2.
Secondly, you should bear in mind that a CFA might only state that the
solicitor agrees not to charge the client for any of his own fees should
the claim be unsuccessful. This means that you are still liable
for disbursements. And these could include medical reports, expert
witnesses' fees, and barrister's fees - these might even add up to
more than the solicitor's fees. Make sure you understand exactly what
is covered under the "no win no fee" clause.
With
Accident Claims Direct there is no charge whatsoever - win or
lose.
3.
More importantly, unless separate provisions (such as
"after-the-event" insurance etc) are arranged, the
client would remain liable for all of the opponent's costs if the case is
lost.
With
Accident Claims Direct, you are protected against all costs if your claim is
unsuccessful.
Summary
With Accident Claims Direct, the service you receive is superior to "No
Win No Fee". It is a "No Fee - Win or Lose"
service.
This is because,
1. Your solicitor will return 100% of your compensation.
2. Insurance is taken out to protect you from costs should you lose.
3. You do not have to pay any disbursements - win or lose.
IMPORTANT
Before
instructing a solicitor to act for you, make sure you clearly understand what
his terms are. As a checklist you should at least ask him (or her) the
following questions:
1.
How
much of my compensation am I guaranteed to receive?
2.
Do I have to fund the claim myself by paying for disbursements, such as
medical reports, and then claiming the cost back if I win?
3.
Am I protected from all costs if I lose?
And
ask
for this to be clearly stated in writing in your Agreement with the
solicitor - many solicitors still take 25% or more of your compensation as
a "success fee".
Click
HERE for the statutory instrument
setting out details of the relevant provisions for Conditional Fee
Agreements.
Click
HERE for an overview of The Law Society -
the representative and regulatory body for all solicitors of England and
Wales.