Legal Guides

What is the purpose of a no win no fee agreement*?

The purpose of a ‘no win no fee’ agreement is to give people the legal power to pursue a claim regardless of their financial state. In a ‘no win no fee’ agreement, some solicitors cover the upfront costs of litigation, such as medical reports and court fees, enabling clients without sufficient funds to pursue their cases. These agreements help to make law accessible for all.

Are there any costs in a ‘no win no fee’ agreement?

In some cases, a ‘no win no fee’ agreement may stipulate that costs such as court stamp duty or independent medical reports (in the case of a medical negligence claim, for example), must still be paid for, even if the case is unsuccessful.

An unsuccessful claimant may also be liable for the other side’s legal fees.

There may be other conditions to a ‘no win no fee’ agreement, for example if a client is not truthful about the claim and the case is unsuccessful as a result, legal fees for your solicitor may apply.

A member of our legal team can discuss all the terms and conditions of your agreement before you proceed so you fully understand what is involved.

Although the Law Society prohibits solicitors in Ireland from advertising these services, clients should always verify directly with their chosen solicitor whether they operate on a ‘no win no fee’ basis and ensure that this agreement is documented in writing.

If my case is successful, how much will it cost?

Solicitor’s fees will vary depending on the complexity of the case. A solicitor can advise you on how costs are calculated once they have examined your case and spoken with you.

Regulations around advertising ‘no win no fee’ agreements

The Law Society of Ireland is the body that regulates all practising solicitors in Ireland. The regulations explicitly state how a solicitor can advertise their services.

While solicitors in Ireland are permitted to offer ‘no win no fee’ services, they are not permitted to advertise these services.

Not all solicitors offer ‘no win no fee’ arrangements, so it is important to discuss:

• whether your solicitor provides this service,
• and also how your case will be funded

in advance of opening your case. Once you decide to open a case with your solicitor, ensure all aspects of your fee arrangement are confirmed in writing.

Choosing the right personal injury solicitor for you

Overall, you want to know that the solicitor you have chosen to represent you in your personal injury claim is one who is experienced, knowledgeable and one who follows the Law Society guidelines for practising solicitors.

It is advisable to take the following into account when choosing a personal injury solicitor:

• Does the solicitor follow the Law Society of Ireland’s Regulations? If so, then you shouldn’t have any worry about their handling of your case. If not and you can see they are in breach of any of the above regulations, then you might like to rethink your options.
• Check their website – a website can be a good indication of how established, professional and in some cases how successful the firm is.
• Don’t stop there – check the company’s testimonials pages to read more about what it is like to work with them.
• Go one step further and check out if the company has any case studies on their website, this way you can get an idea of their experience and the outcome of past cases.
• Finally, call the firm and ask to speak to the person who would be handling your case and arrange a meeting– there is no better way to assess if you can work with a person than from speaking or meeting with them in person.