No win no fee is the term used to describe how solicitors may be prepared take on a case where they pay the costs of the litigation. Solicitors who operate on this basis pay for the medical reports, stamp duty, experts fees and all other costs associated with the case. The solicitor will not charge if a successful resolution is not achieved. The successful resolution may come about by either a settlement outside of court or by appearing in front of a Judge in Court.

In the vast majority of cases, clients would not be in a position to fund the cost of litigation and thus it is quite a common practice for specialised personal injury firms to operate on this basis.

The Law Society has strict rules in place regarding advertising that prohibit any solicitor from advertising their services as no win no fee.

It is important that you clarify with your solicitor before instructing them if they operate on a no win no fee basis .If so this must put in writing to you before you make a decision to retain/hire in a letter known as a Notice issued in accordance with Section 150 of Legal Service Regulation Act 2015 and encompassing Section 68 of Solicitors (Amendment ) Act, 1994.

Are a No Win No Fee Solicitor’s Agreements important?

The provision of a no win, no fee solicitor’s agreement is important as it can allow those who are injured or who might not otherwise be in a position to bring a claim to do so without the concern of how they will pay their solicitor in advance for their services. The solicitor is paid only if they successfully resolve the claim. Arranging an appointment with a solicitor to discuss your potential claim is one of the best ways for you to receive an estimate on what pursuing your claim may cost.

Are There Regulations for No Win No Fee Solicitors?

No win, no fee agreements are legal in Ireland, but solicitors who use them must follow certain rules. These rules explain what solicitors may and may not do to advertise their services. Solicitors who offer no win, no fee agreements may not openly advertise them and those who do are violating the Solicitors Acts . If you see a website that mentions the agreement, it could be that you’re visiting a site the sole purpose of which is to collect information about claims (“a harvesting site”). These sites are completely unregulated and often provide inaccurate information. The site usually says that they will put you into contact with a solicitor who can help you. Solicitors who take referrals from claim harvesting sites breach the Solicitors Acts that create the rules that Irish solicitors are bound to follow.

The Importance of Choosing the Right Solicitor for Your Claim

Because many solicitors offer no win, no fee agreements, it’s important that you do some research so that you choose the right solicitor for you . Experience in similar claims is important. You want a personal injury solicitor with both a good reputation and a positive track record for successfully resolving similar claims.

Also, the conditions of a no win, no fee agreement can differ amongst solicitors. One thing that you want to ensure is what happens if the solicitor is not successful in resolving your claim. Some solicitors say they are no win, no fee and still expect you to pay for certain expenses such as the court stamp duty or your medical costs. So, it is up to you to make sure that you read and understand the S.150 notice offered to you. Do not sign it unless you fully understand the terms which are set out therein which forms the basis of the contract between you and your Solicitor

Arrange a meeting with the solicitor and consider how you’re treated and how the staff and solicitor speaks to you about your potential claim. Do you feel welcome and valued? Do you feel as if the solicitor and staff listened to you? Did you understand the concepts mentioned? Did they use big terms and make you feel uncomfortable? It’s important for you to work with a solicitor who makes you feel comfortable and who explains things to you in plain English. If the solicitor you speak with makes you uncomfortable, don’t sign an agreement. Talk to solicitors until you find the one who you feel you get on with best.

If you have a question about a claim* contact us at Wexford: 053 9122555, Cobh +353 21 4813944, or tell us about your case and start your claim* today.

*In contentious business a Solicitor may not calculate fees or other charges as a percentage or a proportion of any award or settlement. This statement is made in compliance with regulation 8 of SI518 of 2002.

Get in touch with Seamas Turner

Tel Wexford: +353 53 9122555
Tel Cobh: +353 21 4813944
Email Seamas: sturner@mjoc.ie