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Conditional Fee - Essay Example

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Conditional Fee

But if the case is won by the solicitor, he or she will be paid on hourly basis. As contrast with United States, the triumph fee is much greater than the normal fee in United Kingdom. However, conditional fee system is usually found in countries such as in England, Canada, Northern Ireland, Scotland, Ireland, Australia, New Zealand, France, Greece, Japan, the Dominican Republic, Brazil and in United States. However, conditional fees permitted for a limited series of cases such as personal injury, insolvency etc. cases in 1999. But in 2000, legal aid was not obtainable for injuries, fatal accidents, business matters or law for partnerships. In other words, legal aid got banned due to the more appropriate proceedings because of conditional fees. (Lamb Building, 2007).
There are many advantages of conditional fee agreement as it provides admittance to the courts for the people who do not have enough money to pay the fees of lawyers and the overheads of civil court cases. It also offers a strong enthusiasm to the lawyer to work carefully in the cases. In many types of court cases, the clients pay the lawyer on hourly basis which makes a bit of difference in economic to the lawyer whether the client is achieving successful results from the court proceedings. Conditional fee can be helpful as well as most of the lawyer's leads to the financial risk for the courts, the amount of rough or tentative cases might get reduced.
In contrast, there are a few disadvantages of conditional fees such as it does not give any kind of security of civil justice or the entry to the courts. Cases which have strong claims are mostly succeeded in courts proceedings. Few of the cases necessitate a widespread inquiry before the probability of achievement can be appropriately charged. Due to this, a lot of cases may turn away because the primary measurement of their case is expensive and it can be risky. (Wikipedia, 2008).
According to the law, a client is not responsible to pay fees to the lawyer if he loses the case. But if the client recovers the reimbursement from the agreement or from an approving outcome, the lawyer is paid from the recovery. The fee of the lawyer varies depending on the state plus the local authorities. For example, in United States, the fee is normally based on an agreement involving the lawyer and the client as well, though it is restricted by the local rules and regulation for equal rights. In many situations, the percentage which is allowed is focused on the moral laws of professional behavior, sometimes due to official restrictions. However, most of the authorities in United States have banned working for a conditional fee in cases which are based on family or criminal cases. Conditional fee in United States are most of the time are usual in cases of personal injuries but it is not common in most of the court cases. Conditional fee depends on the size of the case, the smaller the case is, the larger the percentage of the fee is in order to attract a lawyer to take the case. On the other hand, a law firm which might be agreeable to take a large case with chances of victory will settle in a smaller amount. Many times, lawyers and the clients concur to a an agreement of a split fee system, which means where the client pays less amount on hourly basis and the lawyer gets a less percentage of the recovery if the case is victorious. (Neil H. Andrew, 2001)
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Summary

A conditional fee which is in United States or in other words, contingent fee in the United Kingdom is a fee system which provides services where the fee is only to be paid if a constructive result is shown. According to law, this system is also known as 'no win no fee' system…
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