No win no fee lawyers – avoiding fee traps | Law Partners

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No Win No Fee Lawyers – Avoiding Fee Traps.

If you’re looking for no win no fee lawyers to help with your compensation claim, you’ll know there are plenty of firms to choose from. But what you might not know is that not all no win no fee lawyers are the same and there are fee traps you should avoid.

This guide to no win no fee lawyers explains:

  • How no win no fee lawyers work
  • The differences between no win no fee agreements
  • The hidden fee traps in some agreements
  • How to choose the best no win no fee lawyer
  • How to pursue your claim without taking any financial risk

How do no win no fee lawyers work?

A no win no fee lawyer offers to run your case for you and only get paid when you win. If you choose the right lawyer, it’s an excellent option that allows you to pursue your claim without any risk, but it’s important to check the lawyer’s costs agreement to fully understand what’s covered. With some no win no fee lawyers you can still end up having to pay thousands of dollars in expenses if they lose your case. To protect yourself, read on to learn what questions to ask and how to interpret the fine print in costs agreements.

How do no win no fee lawyers bill their clients?

To understand the difference between no win no fee lawyers, it’s important to understand how you’ll be billed at the end of your case. Your bill will include three main sections:

Professional Fees

Professional fees are the fees earned by your no win no fee lawyer if they win your case. No win no fee lawyers in NSW are not allowed take a percentage of your compensation payment – this rule prevents them from charging large fees for very little work.


Disbursements are the costs your lawyer incurs when they run your case and they can make up a large part of your bill. Disbursements can be for services like:

  • Medical reports
  • Forensic accounting reports
  • Other expert reports
  • Court fees

Barrister’s fees

If your no win no fee lawyer engages a barrister on your behalf, they will pass on the cost of the barrister to you.

How much do no win no fee lawyers take?

This is a common question – many people think no win no fee sounds simply too good to be true and are concerned about how much they’re going to be charged after their case is won.

The amount your lawyer earns from your compensation payment will be listed in their bill as “professional fees”. They’re only allowed to charge you fees for the actual services they provide, through an hourly rate or set fees for each of the services they provide. Your lawyer can, however, put a cap on their fees, so that you know your fees can never exceed a set percentage of your compensation.

If your lawyer doesn’t put a cap on their fees, ask for an estimate before you sign the costs agreement, and ask to be updated with the costs regularly to make sure there are no surprises at the end of your claim.

So what are the fee traps with no win no fee lawyers?

Fee trap number 1: Payment of costs (disbursements)

This is probably the biggest difference you’ll find between no win no fee lawyers, and it’s definitely one to watch out for. The trap is that some no win no fee lawyers could still hit you with a large bill if they lose your case.

For example, a law firm might say something like: “If you don’t win, we won’t charge you anything for our work”. What this is likely to mean is they won’t charge you for the work they’ve done, but they will still charge you for the costs they’ve incurred (disbursements) and barrister fees – and this can run into many thousands of dollars. So in this case the no win no fee agreement means that if your lawyer doesn’t win, you won’t receive any compensation but you’ll still be hit with a bill to pay.

Needless to say, these no win no fee lawyers should be avoided.

Fee trap number 2: Paying your costs (disbursements) up front

Some personal injury lawyers may not pay all of your costs up front. For example, they may not pay for some of the expert medical reports they need as evidence for your case, travel expenses or court fees. It’s best to avoid lawyers who expect you to pay these costs up front out of your own pocket – choose a lawyer who will pay them for you, so you’re not taking on any risk.

Fee trap number 3: Charging interest on your costs (disbursements)

Some no win no fee lawyers will pay the up-front costs / barrister fees for you, but then charge you interest on the costs at the end of your claim. This is likely to be because they’re using another firm to fund your case – they’re essentially taking out a loan on your behalf.

How do I choose the best no win no fee lawyer for my case?

First, look at the lawyer’s costs agreement and ask the lawyer these three questions:

  • Will I have to pay for any disbursements up front?
  • If you pay for my disbursements, will I have to pay interest on them?
  • Will I be charged for disbursements if you don’t win my case?

If the lawyer says yes to any of these questions, then you should avoid them. On the other hand, if the lawyer says no to all three questions then they’re truly confident about winning your case, to the point where they’re willing to pay the up-front costs and take on all the risk for you.

Secondly, choose a lawyer who specialises in your claim type and has won claims like yours. Some no win no fee lawyers will take on a range of different claims – like workers compensation claims, car accident claims and public liability claims – but the best no win no fee compensation law firms have teams that specialise in each claim type. The best no win no fee lawyers are also backed by a team of experts who will work together to get you the maximum compensation for your claim.

Thirdly, choose a lawyer who will take time to get to know you personally. A lawyer who wants to meet with you face to face and is always available to talk will find out more about you, your injuries, and the impact your injuries have had on your life. This is the only way a lawyer can really get to know you and claim everything you’re entitled to.

Finally, avoid lawyers who charge by the hour. You need to be able to talk to you lawyer anytime without fear of running up a big bill.

Where can I find a no win no fee lawyer in Sydney & NSW?

Law Partners is Australia’s largest specialist no win no fee personal injury firm, with 15 offices across Sydney and NSW.

No Win No Fee Lawyers in NSW – show me a lawyer near me.

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