A No Win No Fee agreement is an agreement between a client and their lawyer to proceed with case for no payment initially. (Or occasionally a minimal payment). This is on the basis that only if the lawyer wins, does the client pay. Thus a contingency fee arrangement.
Historically in Europe, No Win No Fee cases were prohibited for a long time. Now in most European countries they are permitted to some extent. In Europe, it was the UK who were the first to develop this area. They had a number of laws on contingency fee agreements around 1999/2000. They were followed by the Netherlands in 2004. It was not until 2008 that matters changed in Spain. After a Supreme Court Judgement regarding competitive practices, however it still remained relatively uncommon.
Those who disagreed with contingency fee or No Win No Fee arrangements felt that they conflicted with the principles that a Spanish lawyer must abide by. Independence, dignity, service, professional secrecy and the right of defence. Some say a lawyer is no longer independent if they have an interest in the result of a case.
However, there has been a move to make cases more accessible. For those who cannot afford to pay privately. In Spain, legal aid is available but economic hardship must be proven. So not many people would meet the requirements. A legal action can cost thousands in the Courts and not everyone has that. And of course, a lawyer’s ultimate aim is to win a case and seek justice.
A lawyer can set the fee amount and suggest the means of payment. There are set standards by the Colegio de Abogados (Bar Association) to which a lawyer belongs. Thus a lawyer has to work within these. These must be used when costs are awarded to the other side in a Court case. No Win No fee is also known by the Latin words “Cuota litis” and this is when a client pays a percentage of the amount awarded in a winning case and nothing if they lose. The law that established this was the Supreme Court Resolution of 4th November 2008. There are variations of these types of arrangements.
This percentage can be set by the lawyer and accepted by a client and usually a written agreement would be made between the client and us. Sometimes an initial minor sum is payable in advance. An agreement is made for a percentage based on any sum won back for the client. Court costs if the case is lost would be covered by us. Any suggestion or agreement that this is not the case with another firm should not be accepted as Court costs can be considerable.
We are only able to offer a very limited number of No Win No Fee cases owing to the necessity for an initial economic outlay. We offer these to those serious clients who would have paid to pursue a case themselves, but are not currently in the position to do so. You need to engage in assisting us with the history. Also the documents and evidence we require to win the case for you. We work as one team with you. Providing our professional experience alongside your personal experience with the case.
We offer No Win No Fee cases only for cases in the Murcia and Valencia regions. Our lawyers are in demand due to their proven track records and thus our publicity in the No Win No Fee area is minimal. Our advice is to be cautious with many firms on the internet advertising only No Win No Fee cases. We are at the other end of the spectrum from these “ambulance chasers”.
We may be able to help you with a personal accident, personal injury case, or medical negligence, on this basis, or a dismissal case or litigation. Please bear in mind that No Win No Fee cases are only appropriate for a case whereby we would recover a sum of money for you, not in other instances.
There is nothing to lose in approaching us with an enquiry regarding a No Win No Fee case. Please bear in mind we will need to see documents and to consider the time limitation for your case. Contact us to discuss your case to see if the Molina team can help seek justice for you.