Contingency Fee Arrangements in Personal Injury Claims*
Contingency fee arrangements (also know as No win/No fee or No foal/No fee agreements) are agreements between a solicitor and their client where the solicitor agrees to waive their professional fee if the case is ultimately unsuccessful in Court.
The flip side is that if your claim is successful, either by way of settlement of the claim on the steps of the Court or after a full hearing before a judge, then the fees accumulated in progressing your claim are deducted from your award/settlement money before you receive the balance.
Are contingency fee agreements legal?
The short answer is yes but solicitors /solicitors firms are not allow actively advertise or promote No win No fee/No foal No fee agreements by the Law Society of Ireland.
Usually websites that promote these arrangements are either (1) firms that don’t respect the guidelines put in place by the Law Society of Ireland to protect consumers (like you) or (2) are claims harvesting websites who are not regulated by any professional body or group. As claim harvesting websites (and the people working for it) wont necessarily be solicitors then any communications you have with them may not be confidential, which means you wont have the protection afford to you when you talk to a solicitor.
So how do I arrange a contingency fee agreement with my solicitor?
The first step is to meet with one of our solicitors who has experience in the area and discuss your claim in complete confidence, safe in the knowledge that all of the discussion is completely confidential. Our contact details are here and we are ready to hear your side of the story.
Having assessed you claim, we would advise you on liability (who is responsible for your injury), the procedure in taking the next step in your personal injuries claim as well as the costs of bring such a claim through the Injuries Board and the Courts.
If you are happy with the fee structure, the risks involved, then we can discuss the arrangements that can be arrived at in relation to how you intend discharging our fees if and when they become due.
It is at this stage, if we believe that you have a strong enough case, that a contingency fee arrangement can be put in place.
What is covered by a contingency fee arrangement?
If you case is successful, then you will be liable for (1) your solicitors fees in full, (2) your doctors fees (and any other experts retained on your behalf) and (3) all outlays (registered post/law clerk fees/Stamp duty etc.).
If your case is unsuccessful, then you will be responsible for (1) your doctors fees (and any other experts retained on your behalf), (2) all outlays (registered post/law clerk fees/stamp duty etc.) and (3) the winning sides legal costs.
To discuss your personal injuries claim in complete confidence and how we can help you access justice, contact the owner of our firm, Mark O’Kelly, directly on 086 7889753 or send him an email to email@example.com.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.