brodiebabe said:
if you truly believe that you have a case that will win surely you would go to a well established solicitir and pay fees.
Yes....in an ideal world! Unfortunately, very few people could afford to pay a solicitor to bring a personal injury claim and especially so at a time when because of an injury the person is unable to work/earn. If solicitors did not agree to take on cases on a 'no win-no fee' basis then very many people would be deprived of access to justice. Solicitors are really filling a gap in the justice net because of the woeful lack of any civil legal aid system in this country.
In respect of the original post I believe that it would be good practise for a solicitor to advise a client about their exposure to the other sides costs if the case is lost. It should be common sense that such a liability would be the case, but not everyone is well endowed with that commodity.
There are also many clients who would be aware of the liability but will feign ignorance when the chips were down in the hope that they will escape paying the bill. Having the terms set out clearly from the outset will help to prevent the solicitor from criticism.
I am a solicitor and I am increasingly aware of the need for members of my profession to take steps to protect themselves from clients who have no intention to pay any legal fees for services rendered. I have today instituted 5 sets of legal proceedings to recover fees due to me (not 'no win-no fee' cases). The chances of recovering those fees will be slim in any event.
I also have a well educated and senior business manger client who sued his former employer for salary not paid to him. His employer has now gone bust just before we are about to obtain judgement. Now this client insists that he does not wish to bring the case to a conclusion because he has no chance of recovering the money owed to him. He also does not feel that he should pay me for his legal costs and outlays incurred to date because he "thought" he had a 'no-win, no-fee' arrangement. I have advised him that he didn't and that I can still win his action for him. He won't pay and feels that it was up to me to take the risk that his opponent would become insolvent and wouldn't be able to honour any judgement obtained.
Much of the solicitor knocking that I read on this site has it's roots in myth, prejudice and ignorance. There will always be the bad apple and mistakes will also occur, as in any walk of life, but lawyers tend to take an unjust amount of criticism without any balancing views being expressed.
Few people realise that many solicitors take on a good deal of work on a pro-bono (free) basis. I have recently concluded a very difficult case for a guy whose children were taken from him by a Health Board. The guy had no money and it would have taken months for the legal aid service to have provided him with any legal assistance. I successfully challenged the application for Care Orders and spent over 60 hours (often at night and whilst at home) working on the case for free. I take on many other cases for free when I am faced with a desperate person with no other access to justice. I know many of my colleagues do likewise, but I am unaware of any other professionals who give their skills, time, knowledge and experience so freely in this way.
Keep exposing any wrongdoing and shortcomings by members of the legal profession as that is worthwhile and positive but please stop the cheap jibes that are so often utilised by a section of posters on AAM.