Are no-win, no-fee solicitors trustworthy?

No-win, no-fee solicitors operate under a different fee scheme to other solicitors. Specifically, these solicitors offer their services under Conditional Fee Arrangements or CFAs. The CFA has been a recent introduction to English law, and was meant to improve individuals’ access to justice.

CFAs are designed to allow individuals to instruct solicitors in connection with certain legal actions without having to pay that solicitor’s fee, or any disbursements related to the action. In a traditional fee arrangement a client must be able to fund the legal action from the beginning. A solicitor that takes on the case is then obligated to represent the client, and if the client is successful, the client can seek to recover the costs of bringing the claim from the losing party or parties.

Under a CFA, the solicitor has no guarantee of payment at the conclusion of the matter. If the case is unsuccessful then the lawyer has done the work for free, and any disbursements could come out of the firm’s account. On the other hand if the case is settled, or if the solicitor wins at trial, the solicitor is able to recover the costs from the other side.

It is this part of the agreement that often brings up questions about ethics. A lawyer who is instructed under a traditional fee agreement has no self interest in the outcome of the case. The solicitor therefore has little incentive to jeopardise their career by bending any of the ethical rules. However a no-win, no-fee solicitor might be tempted to ensure victory in a case simply due to personal interest.

As stated above, there is no simple answer to the question of trustworthiness among no-win, no-fee solicitors. The Solicitors Regulation Authority which has been put in place to ensure solicitors operate ethically subjects no-win, no-fee solicitors to the same level of scrutiny as every other solicitor.

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