In personal injury cases primarily arising out of auto accidents, you are at liberty to choose your attorney to defend your case in the appropriate court of law. With the emergence of the no win no fee or Conditional Fee Agreement (CFA) as it is known, it is your counsel’s liberty to accept or reject your personal injury case. The term means that if there is a win, there is a fee and if it is a no win, then there is no fee. When the application of the idea became wider, the scope for legal help enhanced beyond barriers faced while reaching out for legal help. Legal help became more accessible outwitting social inequality.
In the recent past, the need for the no win no fee system was on an ebb owing to various restrictions imposed by the government in dealing with the motor accident claims by the people. Applying the principle, an auto accident case claim will be subject to an initial assessment of possibility of claim and in the event of such possibility being successfully assessed there will be further assessment on the probability of success on the claim. If at any stage the assessing solicitor finds your case unfit, then you may be denied representation on the basis of no-win no-fee by the solicitor. And if after assessment, the lawyer represents your case but fails in spite of assessment, he is not entitled for a claim of fee going by the principle.
In a no-win no-fee case, the assessing solicitor applies every bit of reason and prudence to not end up with a no-fee situation eventually. He would not take up the case if the facts and circumstances of the case do not guarantee a win and thereby no fee. If after assessing a case, the solicitor finds a ray of hope, he would at once take up the case and handle it in a manner that is acceptable for the client and himself. On winning the case on the basis of no-win no-fee, he would be paid the solicitor’s fee apart from success or bonus fees by the losing party. The losing party is also liable for incidental costs involved in the suit such as court fees, medical report costs and so on.
Finding a no-win no-fee lawyer may be difficult at times since the discretion lies with the lawyer. May you be guided by the principle of right lawyer than the best lawyer.Google+