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no win no fee employment solicitors


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  • 4 years later...

I prefer to call them, "If they are not guaranteed a win you get no representation," solicitors. If they will only respresent you if they know you're going to win your case, do you actually need them to represent you?

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I prefer to call them, "If they are not guaranteed a win you get no representation," solicitors. If they will only respresent you if they know you're going to win your case, do you actually need them to represent you?

 

Would you take on a job where having considered the nature of the work, you thought in your professional opinion that you were more likely than not going to earn nothing, despite doing lots of work?

 

Effectively, would you work for free?

 

Thought not.

 

It's an argument I hear all the time - why won't you take on my case that you've assessed as being more likely to fail than succeed? Well, because I think it'll fail, and then I won't get paid. That would be why.

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Would you take on a job where having considered the nature of the work, you thought in your professional opinion that you were more likely than not going to earn nothing, despite doing lots of work?

 

Effectively, would you work for free?

 

Thought not.

 

It's an argument I hear all the time - why won't you take on my case that you've assessed as being more likely to fail than succeed? Well, because I think it'll fail, and then I won't get paid. That would be why.

 

So profit gets in the way of justice then?

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Can you explain why, if in the opinion of a person who spent some time obtaining qualifications, then managing to get a training contract' and years gaining experience in a particular area of the law, advises a person they have no prospect of success they should nevertheless carry on with that case, for free. Do you know people who apply knowledge and expertise and then spend many hours working for nothing?

 

People always have a beef with the legal profession - except when they or there loved ones need a decent lawyer !

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Is 'no win no fee' still legal
Yes, depending on the field of practice. E.g. it's never been legal for patent filing/prosecution services (in the UK, the code of professional conduct forbids it), though CFAs are routinely agreed for litigation services.

didn't they clamp down on those sorts of solicitors?
Not as such. More of a clamp down on certain aspects of their business model (referral fees in particular).

or was it just in the case of Whiplash chasers?
More or less, yes. The Personal Injury field has been targeted by recent legislation. It was getting out of hand.

So profit gets in the way of justice then?
No, the requirement to earn a living and the irremediability of finite hours in the day both get in the way of taking every last case going, even the hopeless ones :rolleyes:

 

Noone has a right to a "no-win, no-fee" service, if you except the whole issue of legal aid (which is, effectively, "no-win, no-fee" at the taxpayer's expense).

 

It's simply a product made available by the legal profession to their clients due to market forces/competition.

 

And, if they could get away with it, no legal firm would ever propose it and would sooner be paid on account prior to doing the work, e.g. just like most e-tailers get paid before shipping out the goods ordered (and for many of them, before actually ordering them from their suppliers themselves).

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