The crucial role of “No Win, No Fee” lawyers in upholding social justice

Written by Attwood Marshall Lawyers Legal Practice Director Jeff Garrett

No win, no fee arrangements offered by lawyers are not a gimmick to attract work by so-called ‘ambulance chasers’; it’s a lifeline for injured people. Without it, many victims of motor vehicle accidents, workers’ compensation, public liability claims, medical malpractice, superannuation TPD claims for illness or injury, and many other claims would be denied the chance to claim the compensation they rightfully deserve.

Our firm has acted for thousands of clients who have been seriously injured and are unable to return to their trade or profession. This causes a massive upheaval in the lives of that person and their family, particularly if the injured person is the breadwinner of the family and there is a dependent spouse and children involved.

Acting for these clients on a no win, no fee arrangement provides them with legal representation to pursue their case and access timely medical treatment from the right specialists which would not otherwise be available to them.

At Attwood Marshall Lawyers, our personal injury team has always acted for injured people on a “No Win, No Fee” basis. In some cases, we also accept the same arrangement on eligible commercial and estate litigation matters. However, these are offered on a case-by-case basis and are usually cases against banks and insurance companies or the executors of an estate.

The entities that injured claimants are up against – banks, insurance companies and government bodies – all have bottomless pockets they can dip into to discredit and obstruct just claims. These entities often bristle at or criticize contingency fee arrangements as they cut into their bottom line and hold them accountable.

Without no win, no fee lawyers, most injured people wouldn’t be able to prosecute their cases.

Under the arrangement, payment is contingent on a successful outcome – whether it be a court judgment, settlement, or other agreement that ends the proceedings. A good lawyer will always ensure that their client fully understands the costs agreement they are entering, including any charges outside the arrangement they may need to pay throughout the litigation process.

No win, no fee lawyers do not take on unnecessary or unmeritorious litigation. They fight for a level playing field, ensuring that everyone, not just the privileged few, can access justice and seek fair compensation when they have been wronged.

In clear-cut cases where fault is undeniable, the subsequent award will provide enough money to help in some way mend the shattered pieces of the client’s lives and cover the legal costs and disbursements to the lawyer.

Queensland law also protects clients by applying a “50/50” rule. This means that a lawyer cannot charge a client more than 50 per cent of the damages they can recover in the case. The 50/50 rule only takes force when the legal costs exceed 50 per cent of the settlement amount. Many lawyers use hourly rates as a method of charging, meaning you are only charged for the time taken to progress your matter to a settlement or judgement.

Most lawyers are cautious about the cases they take on because they invest a lot of their time and money paying for expensive reports to get the matter resolved. Sometimes, these cases can take several years to determine, depending on how severe the injuries are and how long it takes for the treatment to be completed and the injuries to stabilise. All the while the lawyer must continue to pay their expenses of running their practice, so it is no surprise that these cases can be challenging to carry for all those years.

Over our long history, our firm has been a passionate advocate for social justice and change.

Our intent is to help people and change their lives for the better. No win, no fee arrangements will always be essential to our firm’s vision and purpose.

Read the full article here: https://attwoodmarshall.com.au/opinion-the-crucial-role-of-no-win-no-fee-lawyers-in-upholding-social-justice/

Other legal insights from our team during March

Did you catch last Thursday's episode of A Current Affair?

The segment highlighted the alarming number of Australians who do not have a Will, shedding light on the challenges families face after the loss of a loved one. From managing superannuation to handling assets, the absence of a Will can create significant hurdles.

Our Wills & Estates and Aged Care Partner, Debbie Sage , featured in the report offering invaluable insights.

At Attwood Marshall Lawyers, we're deeply passionate about this issue. Too often, we witness families navigating the aftermath of a loved one's passing without clear instructions, leading to prolonged and complex legal processes in intestate estates.

Take a moment to check out the report and consider your own circumstances.

Property & Commercial Law Associate Mieke Elzer was interviewed by The Lawyers Weekly Show to discuss how she got into law, her passion for ecological jurisprudence (or earth law) and how lawyers can be more environmentally minded in and outside their areas of practice. She also touches on Australia's slow stance on giving legal rights to nature in the wake of a growing number of climate actions worldwide.

"There needs to be a fundamental shift in the way we think about nature, and understanding that it has an intrinsic right to exist and flourish," Mieke said.

"When nature exists and flourishes, humans do as well.”

Listen to the podcast interview here: https://www.lawyersweekly.com.au/podcast/39281-ecological-jurisprudence-and-the-natural-environment-s-legal-standing

Our lawyers also regularly write blogs for our website, providing their insights into legal developments and court decisions happening across Australia.

Wills and Estates and Aged Care Senior Associate Larisa Kapur celebrated some true trailblazers for women in law and discussed legal advancements and challenges related to women’s rights in Australia: "Then and now: celebrating women in law and the evolution of women’s rights in Australia this International Women’s Day"

Estate Litigation Special Counsel April Kennedy delved into a high-profile family provision dispute that raised a pertinent question: can statements made or videos posted on social media be used to resolve legal conflicts outside the traditional courtroom setting? Read it here: "David McBride Supreme Court case contesting mother’s Will – sister alleges claim was settled on social media video post"

Our Commercial Litigation team secured a win for a client pursuing damages from the previous owner of their defective home. Senior Associate Jade Carlson dissects the court decision and its ramifications here: "NSW Supreme Court holds non-permit holder ‘owner-builder’ accountable for faulty construction"

The above are just a small selection of the articles we have recently published from across all of our different departments.

Stay up to date by checking out our News page.

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