No Win No Fee Solicitors
Understanding Conditional Fee Agreements: What You Need to Know
Navigating the legal world can be daunting, especially when the cost is a concern. That’s where a Conditional Fee Agreement (CFA)—better known as a “no win, no fee” arrangement—comes into play. This type of agreement could be your key to pursuing your case without the upfront and ongoing financial burden as these type of cases can go on for many months until a settlement is reached and /or a trial date is set.
What Exactly is a CFA?
In simple terms, a CFA means you don’t have to pay your solicitor’s fees unless you win or settle your case. This arrangement opens the door for individuals who might otherwise feel financially constrained from seeking legal recourse.
How Does It Work?
When you enter into a CFA, your solicitor agrees to work on your case for their standard hourly rate, but with a % uplift. Why the extra %? It compensates the solicitor for taking on the risk of potentially not getting paid, the complexity of your case, and the possibility of working for a long period without payment.
Let’s break it down with an example. Suppose the agreed % uplift is 25% and your legal costs total £1,000. Under the CFA, you would owe your solicitor £1,000 plus the 25% uplift—bringing the total to £1,250, excluding VAT. If you win, you can typically recover about 75% of your base costs from the losing party, meaning you’d get back £750. You would then cover the remaining £500 out of your settlement or winnings. And don’t worry—your solicitor won’t take any additional percentage from your settlement.
What About Other Costs?
It’s important to note that the CFA only covers your solicitor’s fees. If your case requires a barrister (for example, if your case goes to court or requires specialised legal advice), you will need to cover those costs as well. The good news? Your solicitor may be able to find a barrister willing to work under a CFA too, though this isn’t always guaranteed.
Additionally, there are other potential expenses, like court fees or expert reports. For instance, in a contested probate case, court fees could be around £600, and an expert’s report (such as from a geriatric psychiatrist) might be necessary if you’re challenging someone’s testamentary capacity when they made their will. Although these reports can be pricey, sometimes legal expenses funding is available to cover them.
What if You Lose?
Here’s where things get tricky. If your case goes to court and you don’t win, you may be required to pay the winning party’s legal costs. In contentious probate matters, it’s often the case that the estate will be responsible for these costs. However, it might be possible to secure legal costs insurance to protect you against this risk.
Don’t Let the Fear of Losing Hold You Back
Yes, litigation can be stressful, but don’t let the fear of losing stop you from pursuing a legitimate claim. Your solicitor will have evaluated your case’s chances of success before agreeing to take it on. They might even consult a barrister for a second opinion if the case escalates to court.
Taking legal action is a step-by-step process, and your solicitor will be there to guide you every step of the way. Often, disputes can be resolved without ever going to court, and that’s always the goal. But if it does come to that, you’ll have the support you need.
A Conditional Fee Agreement could be the solution you need to pursue your case without the upfront costs. It’s all about making the legal process more accessible and ensuring that financial concerns don’t stand in the way of your right to make a claim.
Your contentious probate experts
A Judkins, we specialise in contentious probate and inheritance disputes on a No Win No Fee basis, including the CFA model. Our team of experienced solicitors has a proven track record of successfully handling Inheritance Act claims throughout England and Wales. We pride ourselves on offering a personalised service, tailored to each client’s unique circumstances.
Our expertise in contentious probate and Inheritance Act claims include:
- Assessing the merits of potential claims
- Advising on the likely value of claims
- Negotiating settlements to avoid costly litigation where possible
- Representing clients in court proceedings where necessary
- Advising on the most appropriate funding arrangements
- Will disputes and challenges to the validity of wills
- Claims against executors and administrators
- Trust disputes
- Estate administration disputes
- Lack of testamentary capacity claims
- Undue influence/ coercion claims
- want of knowledge and approval
- revocation of grant
- Lack of testamentary capacity claims
- Undue influence/ coercion claims
- want of knowledge and approval
- revocation of grant
- Lack of testamentary capacity claims
- Undue influence/coercion claims
- Want of knowledge and approval
- Revocation of grant
What sets Judkins apart from other firms is our deep understanding of the complexities of Inheritance Act claims and our ability to offer CFA agreements for suitable cases. This means you can pursue your claim without the worry of upfront legal costs or the risk of being left with an enormous bill if your case is unsuccessful.
No Win No Fee Solicitors, Contact Judkins today
If you are considering making a claim on a CFA basis or need advice on any aspect of the contentious probate or Inheritance Act claims, don’t hesitate to contact Judkins today. Our team of specialist solicitors is ready to provide expert guidance and support throughout your case.
At Judkins, we understand that dealing with contentious probate issues and inheritance disputes can be emotionally challenging, as well as being legally complex. Our compassionate and professional approach ensures that you receive expert legal advice but also the support you need during this difficult time.
No Win No Fee Solicitors