No Win
No Pay

NO WIN NO PAY!

Seen that before? Actually believe it? Did you consider what it really meant? Did you think for even 2 seconds that the Solicitor would blindly undertake your case regardless of the likely outcome and if it happened that the case was lost, that all of the fees and costs were none of your business? Did you wonder how a professional person could succeed in business whilst taking such financial gambles? Now you do think about it, the answer is obvious isn't it -

The "No Win No Pay" banner is quite misleading.

In fact what really happens is that your case is very quickly assessed during the first interview. If success is likely then the interview continues, but if it is risky litigation then thanks but no thanks. The truth is that it is only the likely successful personal injuries claims that proceed. Makes sense, doesn't it?

More of the truth is that most lawyers have been undertaking personal injuries work on the basis of being paid upon completion for very many years. Yours truly can think of at least 31 years of speculating with injury claims - but there are things you should know, eg

• the purchase of Reports, especially medical reports are very expensive. If you are unable to afford to meet these expenses as the case proceeds, then that's OK but this means that the Solicitor pays up on your behalf. This uses resources and will either incur interest charges to the Solicitor's overdraft or deny the interest which otherwise would have been earned. Your account will reflect the loss. The Solicitor is not an interest free banking institution.
  
  
• there is the risk that you may not have been entirely honest in your instructions about your medical condition or you may have omitted, perhaps even forgotten some prior injury because it was not causing any problem. The result however at the end of the case may be that your damages are significantly lesser than anticipated resulting in the win being inadequate to meet legal fees and costs - don't laugh, it has happened. The risk justifies a higher fee.
  
  
• throughout the case the usual business expenses must be met and of course the facilities and resources maintained by the lawyer are funded by a regular income - from all clients, yourself included. Without your progressive contributions, your account will reflect the economic stress imposed.
  
  
• without upfront funding or a pay-as-you-go arrangement there is a risk to the Solicitor for which some ultimate compensation will be sought.
  

Thankfully the Solicitors who advertise no win no pay are few in number. Most of us have more respect for our clients.

If you've had an accident, whether on the road, at work, whilst shopping or even visiting a friend or neighbour refer to the Queensland Law Society's Referral Service but be careful of the Fees and Costs issue.