No win no fee charges

Re: clubby

My general comment on the censonship culture and the lack of objectivity of the moderators, etc on certain topics or points of view still stands.

Perhaps you could back your general comment up with specific examples? I reckon I speak for the moderators as a group (only one of whom I know personally as it happens) when I say that constructive criticism of our performance is always welcome. However sweeping generalisations don't really help.

Re: clubby

If she wanted legal advice on contingent aspects she could have asked her solicitors for this

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Sorry? So a solicitor is allowed to offer a "no win, no fee" deal without informing the claimant that it's nothing of the sort, that, in fact, it could be a very large fee. This is an atrocious line of thinking. It is misrepresentation, pure and simple.

But you cannot expect solicitors, unless they were specifically asked for their professional opinion, to second guess what the other party might do if the claimant were to lose her case.

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Eh, why not? They are solicitors, after all.

Or to provide this advice unless it were specifically asked for. And while the claimant was 19 years old at the time, there were presumably parents, relatives etc. more experienced in the ways of the world that could or should have been contacted for advice.

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So solicitors shouldn't offer the advice they are professionally qualified to offer, simply on the basis that some barrack room lawyer known to their client is likely to offer his tuppence worth? This is truly bizarre.

Re: clubby

It would be normal for the agreement between this girl and her solicitor to be detailed in a written agreement or "terms of business" letter that would have been signed by both parties at the outset. Of all professional groups, I reckon that solicitors would have themselves covered with such documentation.

Re: the issue at hand

And she DID get a letter in relation to the contract between her and her solicitors. It seems to me that the basis of this problem is that she didnt get a letter in relation to the OTHER parties costs.
I, personally, find it hard to believe she didnt recieve this advice, at least orally. Especially given that there was an appeal. I would go further and say that I, personally, find that INCREDIBLE. In every sense of the word.

Has your sister made her complaint to her solicitors first? If so, what have they had to say about it? If not, why not?

Sorry, having reread your initial post, I see you say her solicitors wont answer her. I'd suggest that if she has never had a substantive discussion in relation to this, that she make an appointment to discuss it. Failing that, write to them and request a reply. A phone call in this type of situation is useless.

Re: the issue at hand

Given that your sister opted for a no-win-no-fee solicitor, it seems fair to assume that she understood that there was a fair chance that she would not win the case. Who did she expect to pay to other side's legal fees if she lost?

I would have though that if a solicitor took on a case on a “no win no fee’ basis he/she would not have taken on such a case if there was not a chance of winning. Also on a “no win no fee” basis the solicitor should have taken out insurance to cover for any losses incurred this is how it operates in the UK and I would have thought it would have been the same in Ireland. However you have to be very careful of the professionals in Ireland all that I have come across have very no scruples.

Also as it is seven years ago I would have thought that it was now statute barred. Perhaps the solicitor in question is chancing his arm now that does not surprise me. The property market is not so buoyant now and money has to made somewhere.

Many of the replies say she should have asked the solicitor about being liable for the others sides fees if she did not know about being liable for them. Is this not a Catch 22? How is she meant to ask about something if she does not about them?


I think the solicitor should have pointed out all the risks in taking this case to court including that she may be liable for the other sides charges if she lost.

Myself personally I don't agree with people claiming compensation at the drop of the hat. However, if she felt she deserved it, so be it. It always makes me suspicious going to a "No win, no fee" solicitor. if you truly believe that you have a case that will win surely you would go to a well established solicitir and pay fees.

How is a lay person to know the if they have got a case or not that is why the go to a solicitor in the first place in the hope that you are going to get some good professional advise and if the solicitor took it on a 'no win, no fee' basis then s/he should have got a legal opinion in the first instance to avoid incurring unnecessary legal fees but who know what that cowboy solicitor had in mind on taking instructions.

brodiebabe said:

Many of the replies say she should have asked the solicitor about being liable for the others sides fees if she did not know about being liable for them. Is this not a Catch 22? How is she meant to ask about something if she does not about them?

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So you are telling she had absolutely no idea that the other side would be incurring legal fees - right?

RainyDay said:

So you are telling she had absolutely no idea that the other side would be incurring legal fees - right?

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Unbelievable I know!!! But you wouldn't believe how dopey some people are.

I'd know about being liable for the other side, you'd know... but some people - forget about it, they pass through life with their head stuck you know where. Completely oblivious to anything past their own nse.

brodiebabe said:

I'd know about being liable for the other side, you'd know... but some people - forget about it, they pass through life with their head stuck you know where. Completely oblivious to anything past their own nse.

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Well if they are making major decisions with their head stuck you know where, I'd like to see blame allocated firstly to them, before we start castigating the (not blameless) solicitors.

Good for you that you know about the other side charges but when you are told your case would be taken on a 'no win, no fee' basis then you automatically think that you would be winning the case therefore the other side charges would not be an issue.

Unregistered said:

Good for you that you know about the other side charges but when you are told your case would be taken on a 'no win, no fee' basis then you automatically think that you would be winning the case therefore the other side charges would not be an issue.

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But anyone who fails to consider the possibility of losing the case is guilty of selective thinking, i.e. thinking only what they want to think.

The solicitor should have told his/her client that there would be a possibility of loosing the case and to be prepared for some fees to be paid to the other side. The terminology should be change to ‘no win, the side fees will have to be paid’; the other version is totally misleading.

As mentioned before I would have though that when a solicitor say that there will be no fees to be paid for a case then you take them at their word otherwise they are lying!

I agree that the solicitor is not blameless in this. However, don't you think the client had an obligation to think it through?

No, s you expect when a solicitor give an opinion then take that as fact. When you are told that it is 'no win, no fee’ than you would take is as no fees payable.

The majority of people trust solicitors as knowing the law and conveying the correct information to their clients otherwise what is the point in going to a solicitor if they are going to mislead you.

If I was told after seven years that I owned the other side legal fees for word done seven years ago then I would contest it firstly on the base that my solicitor did not convey the facts of the proceedings and then after six years it is statute barred.

He/She would never get any money from me for such negligence.

Help needed - My mother died without leaving a will and a sibling who stayed in the home took over and keeping for themselves and family. Can that be done and if I wanted to contest it will all the other members of the family have to contest it as well. Say if only one member want their share will it matter that not all the other family members are doing the same?

Hi Unregistered User - As you've already posted this query in this more relevant thread, I'll ask anyone who can respond to you query to do so in that other thread and keep this thread on-topic. Please don't duplicate posts.

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.

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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.