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No Win No Fee* Explained

The arrangement of no win no fee solicitors* – sometimes referred to as foal no fee*, is extremely common practice by Dublin personal injury solicitors* and solicitors all over Ireland.

The concept is fairly self-explanatory, the arrangement means that a solicitor will not charge for their legal services if the client’s case isn’t successful.
Simply put if a case isn’t won, the client does not pay for the solicitors legal services.
The No Win No Fee* payment arrangement means that if the case is successful then the solicitor's legal fees will apply.
Keep in mind that a successful case includes a settlement outside of court or in front of a judge, inside of court.
the no win no fee* concept has been set-up to allow people with limited financial resources to pursue a claim and/or defend themselves if a claim is filed against them.
If you have suffered s personal injury and want to peruse a personal injury claim following a road traffic accident, or an accident at work you will likely have a lot of questions.

Some of the questions you may have will likely include:

How Much Will it Cost?

Solicitors fees inevitable vary and are dependent on the complexity of the case. A solicitor will only ever be able to offer clients an estimate once they have examined the details of the case and completed a consultation with the client.

Do you operate on a “no win no fee* basis?

Solicitors are legally entitled to enter a no win no fee agreement with a client, however, solicitors are prohibited from advertising a no win no fee service.

No win no Fee* Solicitors regulations

In Ireland the law society of Ireland regulators all practising solicitors that are operating in Ireland.
The law society of Ireland state how exactly an Irish solicitor's firm can advertise their services.
For example, solicitors in Ireland can operate a no win no fee* payment service but are not allowed to advertise this.

If during your research you happen across a site that is expressly advertising no win no fee* solicitors, you are likely:

  • On what is called a “Claims harvesting" website. These "claims harvesting" websites, take the claim and pass it on to a solicitor. This site is likely based outside of Ireland and is therefore unregulated by the Irish Law Society.
  • A solicitor who purchases claims from a claims harvesting website is seen as being in breach of the solicitor acts e.g. the acts that govern all solicitors operating in Ireland.
  • If you are not on a claims harvesting website you may have found a site, wherein a solicitor purposely ignoring their professional obligations and the laws that govern the professional conduct of Irish solicitors.

Is it legal to hire a No Win No Fee Solicitor *?

It is legal to enter into a no win no fee* arrangement with a solicitor. Most Dublin solicitors and Irish solicitors will be able to offer their clients a no win no fee* arrangement.

Conditions associated with a No Win No Fee Solicitor*

The exact conditions associated with a no win no fee solicitor* will vary between solicitors. With this in mind if you are interested in entering into a no win no fee* arrangement with a solicitor it is recommended that you speak to your solicitors about every aspect of the case before moving forward.

In certain cases, it may be agreed that even in a no win no fee agreement, you may still have outlay to pay. This outlay can inculde court stamp duty or medical costs. You will be liable for these costs even if the case isn't successful.
You may also be liable to pay for the other sides legal bills if your case has been unsuccessful.

Selecting the right personal injury Solicitor* for your case.

Generally speaking, everyone wants to select solicitor with extensive personal injury claims* experience. A hired solicitor should also be up to date with all law society guidelines for practising solicitors.

We recommend considering the following before selecting a personal injury solicitor*

  • Does the personal injury solicitor* you are considering abide by the Law Societies of Ireland regulations? If it’s clear they abide by these rules you should feel confident in allowing them to handle your case. If you find that the solicitor in question is in breach of the Law Society of Ireland’s rules on professional conduct and advertising, you may want to think twice about hiring them.
  • Review the solicitor's website and any other marketing materials the solicitor has available. The site itself can often be a good indication of how successful and established the solicitor's firm is.
  • You should also review the solicitor’s testimonials. Check their Google reviews and social media reviews.
  • It is also advisable to read-up on any case studies available on the personal injury solicitor’s website. These case studies will be one of the best indications of the kind of personal injury cases, the solicitor in question, specialises in.
  • It is also imperative that you call up the solicitors firm you are considering and organise a call with the personal injury solicitor that will be overseeing your case.

* In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.