No win no fee arrangements are common in Western Australia. Typically, No Win No Fee lawyers provide legal services without upfront legal costs. They only charge legal fees when they win the case for their clients. Sounds good, right? Yes and no. Not all No Win No Fee arrangements are the same. This guide will endeavour to answer the most commonly asked questions about No Win No Fee lawyers.

Why do lawyers do No Win No Fee?

Lawyers provide no win no fee services for a range of reasons. One important reason is to progress clients’ personal injury claims as fast as possible. Many compensation law firms are facing clients who are injured and can’t earn income so they cant pay upfront legal costs.

Personal injury lawyers who do not offer No Win No Fee legal representation often find that the progression of the client’s injury claim is hindered by their client’s ability to pay legal fees. As a result, many good law firms offer No Win No Fee legal service to help injured people to focus on getting the compensation they deserve, instead of stressing about the legal costs they have to pay to their lawyer.

Is it worth using No Win No Fee?

Yes, it is worthwhile to use a No Win No Fee lawyer if you can find the right lawyer for your compensation law case. Not all no win no fee lawyers are the same. When choosing the right No Win No Fee lawyer for your personal injury law matter, you need to consider if the following factors:

  • The legal expertise of your chosen personal injury lawyer
  • The transparency of the lawyer’s No Win No Fee arrangement
  • The track record of your chosen personal injury lawyer

Legal expertise of Law Firm

Most small compensation law firms are specialised in one or two of the following areas of compensation law. A typical medium or large law firm often offers legal advice on a No Win No Fee basis for most of the claim types below.

If the No Win No Fee law firm does not specialise in your compensation claim area. They are not the right fit for you.

No Win No Fee Arrangement

It is important that the personal injury lawyers of your choice are fully transparent with their No Win No Fee arrangement with you. Many law firms will discuss the cost agreement with new clients in the initial consultation. This initial consultation is often obligation-free. It is important that you take the time to ask questions about the cost agreement. Some important questions to ask No Win No Fee personal injury lawyers include:

  1. Does the No Win No Fee agreement include the payment of disbursements? If not then what arrangements can be made for the payment of disbursements?
  2. Does the No Win No Fee agreement include the payment of professional fees?
  3. Does the No Win No Fee agreement include the payment of medical report fees?
  4. Does the No Win No Fee agreement include the payment of barrister fees?

It is unusual for barristers fees to be included in a no win no fee arrangement. Barristers are usually people from outside the personal injury law firm and therefore they will offer legal representation on their own terms and conditions.

If your lawyer’s answer is Yes for all the questions above, it may not be a good sign. This may mean that the law firm is over-committed to your claim. Over-committed law firms are very selective about cases, and they may discontinue legal representation whenever there are any financial risks involved.

If your lawyers’ answer is No for all the questions above, it is also not a good sign. This means the law firm is under-committed to your claim. The under-committed law firm has little to lose if they don’t get you the compensation you deserve.

A good legal firm often takes on a healthy amount of financial risk to help clients claim compensation get the maximum compensation for clients. This is a careful balancing act, they can’t do it efficiently if they are under-committed or over-committed to a particular client.

Can you lose money on No Win No Fee?

Yes, you can lose money if you bring a common law case or workers compensation case on a no win no fee basis. The ways you can lose money include the following:

  1. Many no win no fee arrangements do not include disbursements (including court fees and medical report fees) and these are payable whether you are successful or not;
  2. If you are unsuccessful in a common law claim an order will usually be made by the court that you pay the other side’s legal costs;
  3. If you are unsuccessful in a workers compensation claim in Western Australia a costs order may be made against you where the dispute resolution authority is satisfied that the costs relate to an application made by the worker that was frivolous or vexatious, fraudulent or made without proper justification.

What happens if I lose my No Win No Fee claim?

Depending on the No Win No Fee policy you agreed with your legal representative, you may be liable for some fees and costs.

Generally, if you lose the No Win No Fee claim, you don’t need to pay the professional fees of your No Win No Fee lawyer. But you may be liable for the barrister’s fees and disbursements, such as medical report fees, court filing fees, and the costs of expert medical reports that the lawyer requested on your behalf. In rare circumstances, you may also be ordered to pay the legal fees of the opposite party.

How much does No Win No Fee insurance cost?

To the best of our knowledge No Win No Fee insurance does not exist in Australia but is available in the United Kingdom.

However, if you have a personal injury claim, you may find compensation lawyers that are willing to offer you an obligation-free initial consultation to evaluate your claim. If they are confident that your claim will succeed then many law firms may offer legal services on a No Win No Fee basis.

What does no win no pay mean?

No Win No Pay is a similar concept to the No Win No Fee arrangements. It is a marketing catchphrase used by legal firms. Some personal injury law firms also use the term No Win No Fee guarantee to persuade potential clients.

How much percentage do No Win No Fee lawyers take?

In Western Australia, lawyers are not allowed to charge on a contingency fee basis. A contingency fee is a percentage fee that lawyers charge as a percentage of the client’s total settlement payout. No Win No Fee lawyers in WA often charge clients based on the work they have done on their legal action.

How much do solicitors take for No Win No Fee?

How much fees a No Win No Fee solicitor charges depends on the total hours they worked on your claim, and the rate they charge per hour. Some law firms placed a cap on rates and some don’t. In Western Australia, most law firms charge at a rate set down by the government to reduce confusion.

Do you have to pay No Win No Fee?

Usually, under a No Win No Fee cost agreement, legal fees are only payable where there is a successful outcome. Typically, you are responsible for the payment of disbursements such as court fees, whether you are successful or not. It is important to read the fine print when hiring a No Win No Fee lawyer.

Quality Legal Services on a No Win No Fee basis

Foyle Legal is a medium-sized compensation law firm operating in Western Australia. We are recognised as one of the best workers compensation and personal injury lawyers in Perth. We offer No Win No Fee legal representation for personal injury compensation claims. This includes but is not limited to: workers compensation claims, motor vehicle accident claims, medical negligence claims, public liability claims, criminal injury compensation claims, TPD claims and more. If you have made a claim for a workplace injury or motor vehicle accident injury in WA, call Foyle Legal now to arrange an obligation-free consultation. In this free consultation, we will help you to understand the personal injury claim process and show you exactly what to do to get the maximum compensation for your compensation case.