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no win no fee LAWYERS

no win no fee LAWYERS

NO WIN, NO FEE LAWYERS: WHAT DOES NO WIN, NO FEE MEAN?

There are many law firms that offer a “No Win – No Fee” arrangement, but what does No Win – No Fee actually mean? For almost 50 years now Brydens Lawyers has been operating a ‘No Win – No Fee” policy which, simply put, provides that if a personal injury or compensation claim prosecuted on behalf of a client is unsuccessful then Brydens Lawyers will not raise a tax invoice for having acted on behalf of the client. That is, if the claim is unsuccessful, we do not get paid.

In that sense, with our ‘No Win – No Fee” policy, Brydens Lawyers is as committed to the successful prosecution of the case as is our client.  In the unlikely event that the claim is unsuccessful, Brydens Lawyers do not get paid.

No win, no fee conditions: In some circumstances Brydens Lawyers may be entitled to recover disbursements from a client who has unsuccessfully prosecuted a personal injury or compensation claim and there will also be circumstances where Brydens Lawyers would be able to recover costs from the client if unsuccessful in the action. These are very limited occurrences and usually pertain to clients whose claims are unsuccessful by reason of some failing on the part of the client to properly instruct Brydens Lawyers or alternatively have provided false and misleading instructions in the pursuit of their claims.

Upon receipt of instructions Brydens Lawyers will provide you with a detailed and informative Cost Agreement and other disclosure documents which clearly set out the basis of the No Win – No Fee policy and how legal costs and expenses are calculated. If you are a current client of Brydens Lawyers and have your own compensation claim and wish for any clarification of our No Win – No Fee policy, then do not hesitate to contact the lawyer to discuss how our No Win – No Fee policy applies to your case. If you are a prospective client of Brydens Lawyers, our No Win – No Fee policy will be discussed with you in your initial consultation with one of our expert team.

HOW ARE LEGAL FEES CALCULATED FOR CLIENTS?

The Cost Agreement which is provided to you at the outset of your case, will set out in detail the basis upon which costs are calculated. The costs are calculated by reference to the time involved in the investigation, presentation and prosecution of your matter. There are various hourly rates attributable to the lawyer and the support staff engaged in the prosecution of the claim. These are clearly provided for in the Cost Agreement. In personal injury and compensation matters legal costs are not calculated in any way by reference to the value of the claim. Legal costs are calculated by reference to the time expended and the value of the work undertaken by those engaged on behalf of Brydens Lawyers to assist you in the prosecution of your claim. For any further questions or concerns pertaining to our No Win – No Fee arrangements, contact our team today on 1800 848 848, or via email on info@brydens.com.au.

WHAT ABOUT THE DISBURSEMENT COSTS FOR CLIENTS?

Separate to professional fees which relate to the time involved in the investigation, presentation and prosecution of the matter, there are also other expenses incurred known as disbursements. These are expenses that are either incurred or paid by Brydens Lawyers on your behalf. They include things like court fees, expert report fees, medical report fees, barrister fees, agents fees and the like. Brydens Lawyers will attend to fund your claim by payment of these disbursements during the course of the proceedings. Upon the successful completion of the claim and the rendering of a tax invoice the disbursements will be detailed and included in the tax invoice and reimbursed to Brydens Lawyers from the proceeds of the claim.

WHAT ARE PARTY/ PARTY COSTS?

Ordinarily if a party is successful in a court action the court will order the other party to pay the successful party’s costs. In the case of a personal injury or compensation claim the defendant, usually represented by an insurer, will be ordered to pay the client’s costs on the successful prosecution of the claim.

These are costs as between one party and the other and are therefore referred to as party/party costs. They are distinguished from the costs payable to the solicitor by the client which are called solicitor/client costs. Whether they party/party or solicitor/client costs, they include professional costs for the work undertaken but also the disbursements incurred.

On the successful completion of a personal injury or compensation case an assessment of the costs payable by the unsuccessful insurer on a party/party basis is submitted. It is usually following some negotiation that a resolution is reached for the costs payable by the unsuccessful insurer. In the event that we are unable to reach agreement with the insurer it is open to the client to have a formal bill prepared and submitted to the Supreme Court where a court appointed officer will determine what the unsuccessful insurer has to pay to the client by way of costs.

Regrettably, party/party costs will not cover the entirety of the actual costs as incurred and payable by the client. It is our job however to ensure that we recover for the client as much of the solicitor/client costs that we can on a party/party basis.

WHAT IF THE CLAIM IS UNSUCCESSFUL?

As provided for above the court will ordinarily order the successful party’s costs to be paid by the unsuccessful party. This will also apply if the case brought by the injured person is unsuccessful. In those circumstances the court will ordinarily order that the injured person pay the costs of the successful insurer.

This is one of the inherent risks in prosecuting any litigation claim. The success of the proceedings can never be guaranteed but Brydens Lawyers has established a reputation second to none in prosecuting claims to a successful conclusion in court. Prior to the commencement of any proceedings Brydens Lawyers will undertake all necessary investigations and collate all relevant evidence available to ensure confidence of the success in the proceedings proposed on behalf of the client. If for whatever reason Brydens Lawyers comes to the view that the injured person’s personal injury or compensation claim does not enjoy reasonable prospects of success then Brydens Lawyers will, in accordance with its statutory obligations, inform the client accordingly and proceedings will either not be brought or resolved on the most favourable terms.

Brydens Lawyers success rate in the prosecution of personal injury and compensation law claims means that the chance of a client’s claim being unsuccessful is most unlikely and our expert team will take every step available to ensure that the risk of a case being unsuccessful and you being ordered to pay the insurer’s costs is minimised. Operating as “No Win – No Fee lawyers”, Brydens Lawyers are the experts when it comes to all legal cases in a range of practice areas including: personal injury law, road accident/motor vehicle accident claims, medical negligence cases, employment law cases, workers compensation (WorkCover) claims, general compensation and insurance claims.

For any further questions pertaining to our No Win – No Fee arrangements, contact our expert team today on 1800 848 848 or by email at info@brydens.com.au.

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Brydens Lawyers were the only people to stand by me offering support and encouragement to get me through my injury. I have been a client since 2016, and the service has been amazing throughout both of my cases. Without Brydens Lawyers I wouldn’t have gotten anywhere near the results that were achieved. I can’t thank them enough.

Sue from Carlingford, a client of our Common Law division

From start to finish, Brydens Lawyers made the conveyancing process so easy! I couldn’t be happier with the service provided- I would definitely recommend them to anyone in need of legal assistance.

Alex Twal of the Wests Tigers

Brydens Lawyers were the only people to stand by me offering support and encouragement to get me through my injury. I have been a client since 2016, and the service has been amazing throughout both of my cases. Without Brydens Lawyers I wouldn’t have gotten anywhere near the results that were achieved. I can’t thank them enough.

Sue from Sydney, a client of our Workers Compensation division

I couldn’t be happier with the Family law team at Bryden Lawyers. I dealt with Natalie and Amanda who were both professional and knowledgeable in my case which ran for 2 years. Overall, I was impressed with the way they guided me in that time, and I felt I could make accurate decisions clearly on their advice. This helped achieve a good outcome to the case and in the end, I considered the cost to be very reasonable for the amount of time that was spent on the matter

Brenden, a client of our Family Law division

Losing a parent at any time is a sad and stressful time for a family. Our dealings with Natalie made things that bit easier. Natalie’s professionalism and patience made things seamless and that bit easier after Mum’s sudden passing. My siblings and I would recommend Brydens Lawyers

Paul Sironen of the NRL

In January I lost my license for 6 months due to a medical condition. I got in contact with Avinash Singh from Brydens Lawyers, straight away Avinash put me at ease. Within a week my license was renewed, and I was able to drive again. I was so impressed with the dealings I had with Avinash and Brydens Lawyers, I wouldn’t hesitate to use them again or recommend them to my family of friends.

Andrew Johns of the NRL

Unbelievable, I’m very happy with my TPD result. Honestly Lee and the team at Brydens Lawyers treat you like family. All my family and friends have had miracle results with Brydens.

Fred from Sydney

Omar Khan of Brydens Lawyers resolved everything quickly and looked out for my interests every step of the way. I’m very satisfied with how things played out and will definitely be contacting them if I need help again.

Paul M, a client of our Commercial division

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