This is when clients pay our costs directly. There are different ways this can work:
There are then different ways you can be billed for the work undertaken by us and different payment options. We will discuss these with you from the outset of your case.
We are here to help you. To make a free, no obligation enquiry please call us on 01935 823883 or complete a Free Online Enquiry and we will soon be in touch with you.
Public Funding is more commonly referred to as Legal Aid. Unfortunately, if this is the way you wish to fund your case, we are not able to conduct Legal Aid work as we do not have a Legal Aid Franchise. You are entitled to apply for Public Funding as of right, however it is only available in certain circumstances and there are financial eligibility requirements. Should you wish to apply, you can find more information at the Legal Aid Agency website.
A third party may be prepared to fund your claim. If you are a member of a trade union or organisation you may also be entitled to free legal advice as part of membership and they may agree to underwrite your legal costs. This type of funding is more common for Accidents at Work Employment issues
You may have Legal Expenses Insurance which may be attached to a business, home or motor insurance policy, a credit card or be part of a specialist legal expenses insurance policy. We will ask you to check through your papers to see whether the type of legal case we are undertaking on your behalf is covered by any form of insurance you may have. If you have pre-existing legal expenses insurance we will ask your insurer to agree to us being instructed under the terms of the policy. This would normally be allowed, but in rare instances may not be the case.
In practice, what this insurance usually covers are solicitors’ costs and any disbursements or expenses that are incurred during the length of the case. This type of funding can be used for lots of different areas of law including Personal Injury, Civil Disputes, employment, contract or criminal cases. You will need to read the small print of your insurance policies to see if you are covered for your particular case. If you are not, you may be able to purchase “After The Event” (ATE) insurance, but this will generally only cover you for the other side’s legal costs and your own expenses (not your solicitor’s fees) if you lose the case. We are here to help and advise you on all aspects of LEI and can often help clients find a provider of ATE insurance if they want to minimise their risks.
In certain instances, we may be able to work with you on a standard Conditional Fee Agreement (CFA) or a Discounted Rate Conditional Fee Agreement (DCFA) basis. These are also referred to as a “No Win, No Fee” (CFA) or a “No Win, Lower Fee” (DCFA) agreement. The benefits of these type of agreements are that we share the litigation risk with you and help you fund the litigation. In return, a premium (known as a success fee) is payable in addition to our standard fees, if the claim succeeds or we are successful on an interim hearing. If the claim is unsuccessful, as long as you have complied with your obligations or the agreement was terminated by you or us, you pay disbursements and either a reduced amount when on a DCFA agreement or nothing if on a CFA agreement, for our time.
Very often, these agreements are also supported by Legal Expenses Insurance, which means if you are unsuccessful in your claim, the other side’s costs are covered. Since April 2013, Success Fees are payable by the client and not by the other side, even if you win your case. There are several criteria that are used to decide if a CFA is appropriate to use to fund a case and it is a matter for the solicitor to decide on a case by case basis. CFA’s are not available for Family or Civil Disputes work, they are more generally available on Personal Injury cases. Please speak to us about whether your case is appropriate for a CFA/DCFA.