By: Julia Aidan
Submitted: 2010-04-23 22:24:56 | Word Count: 497
A conditional fee (in the U.K) and contingent fee (in the U.S) is any fee for services on a condition that the fee is only applicable if there is a positive result. No win no fee is a general term referred in the English legal system, and is a conditional fee agreement between a lawyer and his/her client, where the lawyer will take a client's law case on the condition that if the case is lost then no payment is done. But, if the lawyer wins the case, then he/she will be entitled to his regular fee based on hourly billing, plus a success fee. In U.K, the success fee must not be greater than 100% of the normal fee, provided this contradicts with the contingency fee in the U.S that gives the successful lawyer a percentage of the compensation awarded to his/her client. This makes it manageable for the poor to seek their civil rights, or else, to sue someone for damage; one would first have to be rich enough to seek such trial in the first place. Still, because of the maximum risk, few lawyers will accept cases on a no win no fee basis unless they feel the case to have good merit.
How does this agreement work?
A no win no fee agreement or a conditional fee agreement (CFA) lay out the fundamentals on which your legal representative or lawyers are paid. This agreement is a risk involving policy that allows the lawyer and client to share the risk of the claim being unsuccessful. A no win no fee lawyer most commonly take on personal injury claims. Additionally, cater to other areas like product liability, libel, medical negligence, employment and commercial claims.
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Key features
A no win no fee agreement fixes a boost, which a no win no fee lawyer, will be authorized to charge on his/her regular fee in the event that the claim succeeds. The boost known as a success fee, allowed to a maximum of 100% of the lawyer's regular fee. The lawyer must fix the percentage enhanced at the initial stage of the claim through a formal risk review, which evaluates the chances of the claim being successful. The possible results are then as follows:
1. The claim is not successful and the no win no fee lawyer will not receive any fee
2. The claim is successful and the no win no fee lawyer paid his regular fee, plus the bonus. In practice, a portion of this amount retrieved from the losing party.
When taking on a negligence claim, no win no fee lawyers must process their risk reviews accurately and have it on a file. If the trial is successful, the success fee retrieved from the losing party but the percentage boost is challengeable and a judge adjudicates to decide its correctness.
Author Resource:-
To become successful in your claim No win no fee solicitors are the best choice. For further clarification, visit us at first4lawyers.com
