Most Optimum Way To Engage Solicitors
In a just world all wronged people should have the opportunity to seek redressal in a court of law but this relief is seldom available to victims as they cannot afford the legal costs involved in their fight for justice. Additionally the fear that an unsuccessful appeal will force the petitioner to recompense the legal costs incurred by the defendant, make most victims shy away from seeking judicial intervention.
Some solicitors who work on a ‘no win no fee’ basis, are quite preferred because such solicitors agree to take up such personal injury, accident and wrongful negligence cases on an understanding that they are not entitled to any fees from the clients if the case is lost in court. These terms are generally spelled out in the Conditional Fee Agreement (CFA) which is the standard agreement for all such cases.
According to English law the losing party is burdened with all the legal expenses of the winning party including court fees, solicitor fees, related insurance premiums etc. According to this law the court will direct the defendant to pay the legal expenses incurred by the successful plaintiff including his solicitor’s fees. However this very law will also impose upon the claimant the legal costs of the defendant in the event that a defendant wins the case. Plaintiff’s solicitors also need to safeguard their interest and ensure payment for their services through alternate means. To counter such problems the ‘No win no fee’ cases generally proceed with an After the Event Insurance.
An ATE policy is your insurance against recompensing defendant’s expenses when you lose. The ATE policy will cover all litigation costs in the event of failure and will also include payment to solicitors. The gamble for justice will be a zero-risk proposition as ATE insurance cushions you from the nasty after effects of an unsuccessful litigation. The payment for the premium is paid only at the end of a trial and again only if the verdict is in your favor. Many existing vehicle insurance policy and other general policies include coverage of all litigation costs should litigation become necessary in which case ATE insurance will not be needed.
While drafting CFA, ensure that a clause of 100% compensation is included in the wording to thwart any attempts by the solicitor to stake claim on a portion of your winnings. With all these loopholes plugged, a solicitor who works on a ‘no win no fee’ basis will ensure you have 100% access to free legal aid.
For more information, be sure to visit the following:
No win no fee solicitors
No win no fee litigation