No Win No Fee: Lawyer’s Motivation and Tricky Aspects

When taking advantage of success fee remuneration method, the lawyer serves as the ‘first judge’ to to a greater extent than in the hourly rate or fixed price basis. Rational attorneys screen out cases in which the probability of winning is low. Thus, the unlawful demands are claimed in court, which saves time both for the court and the client. This does not mean that the client will be limited in accessing justice mechanisms, as she can always find another lawyer who will take up his case, or else to agree with her lawyer to another method of payment, such as hourly rate basis. However, it is necessary to adequately assess the complexity of your case, otherwise a lawyer, manipulating the high level of complexity of the proceedings and a low probability of winning, can convince the client of the need to increase the remuneration for participation in a simple process.

It is believed that the success fee is an added incentive to ensure high quality services, as it creates a link between the personal interest of the lawyer and the client’s well-being, given that only in the case of winning a lawyer will be rewarded.

Not all customers are able to immediately appreciate the quality of services: it is much easier to make some part of remuneration as part of the compensation, and then, if you win the case, pay for quality services of the company representative.

On the other hand, the success fee may cause a conflict between the lawyer and the client’s wishes due to the difference on the percentage that the representative will receive in case of winning.

The underwater rocks

A lawyer does not have to be accountable for every action the client to provide an accurate record of costs, in the case of ‘success fee’ tool, which saves time and enables the lawyer to concentrate on the development of the legal position, rather than at the time of implementation of administrative work. However, it may depend on the particular company – the more trustworthy it is, the more chances you will get decent quality services. Thus, if you are considering the UK options, consider Forster Dean Solicitors, the company concentrating its efforts on accident claims and no win no fee practices that stands out from the crowd with thoroughly optimised inner processes. The company is listed as ‘Customer choice’ section at Solicitors Guru platform – perhaps, the most comprehensive legal providers hub in the UK where u can find a solicitor. And there you can also read more on the no win no fee subject.

For the customer it is easier to calculate their costs for a lawyer, because he most often does not understand all the nuances of the process, it is important result.

Success fee opposers claim that such payment tool violates the essential principles of the legal profession as a lawyer: in aspiration to win, the lawyer could use such means as misrepresentation and deception. On average the customer can hardly define the probability of winning the case and she may be subjected to pressure by the lawyer, who, by manipulating a low probability of winning greatly overestimates the percentage of the recovery.

Also, a lawyer can take advantage of the weak position of the vulnerable client who needs help and who is not able to adequately assess the situation in relation to your emotional state. Thus, lawyers can pursue their own goals by ignoring the client’s goals, focusing on feelings of revenge and retribution.


September 13, 2015 Elvira Drake Law No Comments