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No win no fee solicitor

  • 22-10-2014 10:20pm
    #1
    Registered Users, Registered Users 2 Posts: 33


    Hi guys, Just wondering if there is any no win no fee solicitors in Ireland. I have a case that I want to take forward (I have been personally wronged). I have spoken to 4 solicitors and they think that I have a very good case but they told me the outlay to get the ball rolling and I cant afford that at this particular moment. I have checked legal aid and because of the nature of the case it is not a viable option. Anybody any ideas? Thanks.


Comments

  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    No win/no fee is a phrase that solicitors try to avoid. The idea is that if the client loses, he doesn't have to pay.

    There are a couple of reasons why this phrase may not reflect reality. First, an unsuccessful party in litigation is generally liable to pay the costs of the successful party. Secondly, as you have identified, outside of the solicitor's professional fee, there will be outlays and costs of litigation, to include the costs of court duty, Counsel's fees and expert reports (etc.).

    Before the economic crisis, many solicitors would pay for outlays and expert reports. This is no longer the case, but there are still some solicitors who agree to cover these costs and outlays, on the understanding of recovery of same in the event of a successful outcome.

    If you keep looking, you might find somebody who will do that. Unfortunately, recommendations can't be given on this forum.

    It could be that a credit union might agree to lend you the money to fund your litigation, if it was satisfied that your chances of recovery of damages were good. I don't know if that is a potential option for you.


  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    No win/no fee is a phrase that solicitors try to avoid. The idea is that if the client loses, he doesn't have to pay.

    There are a couple of reasons why this phrase may not reflect reality. First, an unsuccessful party in litigation is generally liable to pay the costs of the successful party. Secondly, as you have identified, outside of the solicitor's professional fee, there will be outlays and costs of litigation, to include the costs of court duty, Counsel's fees and expert reports (etc.).

    Before the economic crisis, many solicitors would pay for outlays and expert reports. This is no longer the case, but there are still some solicitors who agree to cover these costs and outlays, on the understanding of recovery of same in the event of a successful outcome.

    If you keep looking, you might find somebody who will do that. Unfortunately, recommendations can't be given on this forum.

    It could be that a credit union might agree to lend you the money to fund your litigation, if it was satisfied that your chances of recovery of damages were good. I don't know if that is a potential option for you.

    Credit unions are supposed to lend for prudent and productive reasons. They would be slow to finance litigation for such an uncertain project.

    At a minimum they would require an unqualified letter from your solicitor that liability was admitted and confirming proceedings were issued etc.

    I have as a solicitor for a CU been asked to advise on some propositions received. Usually impossible to advise on such cases. Even what appear to be the best of cases can be lost. It takes a brave solicitor to advise optimistically on such matters.


  • Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    Would you expect your architect, builder, accountants, doctor, tradesman, staff to work for free?

    The quality of the professional is commensurate with the fee. Any solicitor desperate enough to have to work for free is generally one to be avoided.

    Any client who can't afford the outlay ditto


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