What is no win no fee?

No win no fee is a description of a type of case where a a lawyer agrees to fight the case and not charge any fees if the case is lost. This is often a very attractive option for some people because it means that there is apparently no risk involved in taking on the case and having a lawyer involved in fighting it. However, sometimes it is not this simple. The technical legal term for ‘no win no fee’ is a case which is taken on contingency and there are some firms which will take on cases in very specific areas because there is some certainty from the outset in being able to win a case. Examples include personal injury related cases and workers compensation cases in some states of Australia. However, in New South Wales there are certain restrictions on the taking of contingency work and lawyers can only take a certain proportion of their fees as a contingency fee. Also, in some of the matters where contingency work is common, firms cannot advertise unless they are an accredited specialist in the field.

For these reasons, although the no win no fee system has great advantages because it can open up access to justice for people who would otherwise not be able to afford legal representation, it can also create certain ethical dilemmas because the financial incentivisation of a lawyer to win can lead them to jeopardise their duty to the court. A lawyer has a series of duties to the court, to their client and to their fellow practitioners and it has been argued that the no win no fee system means that they focus on their duty to their client to the exclusion of all of their other duties. Nevertheless, if you think that you may have a claim with a no win no fee basis, you can contact us here for an initial assessment by chatting to one of our lawyers or posting in our contact form or question box.