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Success may be defined to include either winning a court case or reaching a favourable settlement out of court. If this successful outcome is not reached, the client will not owe the no-win, no-fee solicitor any legal fees. Contingency fees must be distinguished from their close relative, conditional fees. Conditional fees are generally known as 'success fees' and are also only payable upon a successful outcome, as defined in a conditional-fee agreement. Success fees, however, are levied as a percentage of the no-win, no-fee solicitor's legal fees rather than as a percentage of the client's winnings. If you are hoping to use a no-win, no-fee lawyer in the UK you should ensure that you carefully check through the conditional-fee agreement and understand how the success fees will be calculated and levied. Success fees and contingency fees should be levied in accordance with the degree of risk involved in the claim, such that very risky claims will correspond with high fees and less risky claims correspond with lower fees. If contingency fee agreements are reintroduced in the UK as suggested by the Jackson report, it is likely that the law would impose safeguards such as a maximum percentage of winnings chargeable and a requirement that clients receive independent legal advice before signing the agreement in order for it to be enforceable. Similar safeguards currently exist for conditional-fee agreements and proposals have been made for them to be increased also. Whichever type of agreement you are signing, ensure that your no-win, no-fee lawyer explains it thoroughly to you.
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