Are no-win, no-fee solicitors regulated?

The SRA have produced a professional Code of Conduct, known as the Solicitors’ Code of Conduct 2007 which all solicitors are obliged to follow. If a solicitor is breach of the Code they could face disciplinary action.

The Code of Conduct places professional obligations on solicitors and sets out rules which must be followed. Of these rules, one of the most important is rule 2 which deals with client relations and costs.

Under rule 2, solicitors at the outset of the matter, are obliged to give their clients the best possible information about the likely costs of the matter and this obligation continues throughout the case where appropriate.

Additional rules are in place in relation to no win, no fee agreements. The most common type of no win, no fee agreement is a conditional fee agreement. Under a conditional fee agreement, a solicitor agrees to take on the client’s case on a no win, no fee basis.

If the client loses, they are not liable for their solicitor’s legal fees. However, if they win, they are liable for their solicitor’s normal legal fees, plus the success fee (which is an agreed percentage uplift on the solicitor’s hourly rate, up to a maximum of 100%).

Where a solicitor acts for their client under a conditional fee agreement, under rule 2.03(2) of the Code they must explain the following, both at the outset and, when appropriate, as the matter progresses:

a) the circumstances in which the client may be liable for their costs and whether they will seek payment of these from the client, if entitled to do so;

b) if they intend to seek payment of any or all of their costs from the client, they must advise the client of their right to an assessment of those costs; and

c) where applicable, the fact that they are obliged under a fee sharing agreement to pay to a charity any fees which they receive by way of costs from the client's opponent or other third party

If you require advice and assistance in finding a solicitor who can work for you on a no win, no fee basis, you can contact a specialist solicitor today

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