A sam­ple con­tin­gency fee agree­ment is avail­able on the Law Society‘s web­site in www​.law​so​ci​ety​.org​.uk/​s​u​p​p​o​r​t​-​s​e​r​v​i​c​e​s​/​d​o​c​u​m​e​n​t​s​/​m​o​d​e​l​-​c​o​n​d​i​t​i​o​n​a​l​-​f​e​e​-​a​g​r​e​e​m​ent. Con­di­tion­al pric­ing agree­ments should always con­tain instruc­tions on “what you need to know” before enter­ing into such an agree­ment. You require spe­cif­ic con­trac­tu­al pro­vi­sions to make them enforce­able, fail­ing which you may be liable for your attorney‘s legal fees. Rule 4 pro­vides that a DBA can­not require the client to pay any­thing oth­er than “pay­ment”, lim­it­ed to 50% of the recov­ery, and non-coun­sel pay­ments. This indi­cates that, if there is no recov­ery, the lawyer can have no oth­er right than the with­drawals of a lawyer. There­fore, if a lawyer agrees to act under a DBA, it must be a com­plete “No Win No Fee” agree­ment. In response, the MoJ stat­ed that one of the con­di­tions for the enforce­abil­i­ty of a DBA was that “pay­ment should be deter­mined by ref­er­ence to the amount of finan­cial ben­e­fit received” and that it will ulti­mate­ly be for the court to decide whether an agree­ment is applic­a­ble in light of the law. The fact that the prin­ci­ple of indem­ni­fi­ca­tion applies to DBAs also means that, if a plaintiff‘s DBA is not applic­a­ble due to a vio­la­tion of applic­a­ble laws or reg­u­la­tions, the defen­dant is not liable for costs if the rem­e­dy against him is suc­cess­ful. It also means that the lawyer can­not demand pay­ment from the client until the reim­bursable costs have been assessed or agreed between the par­ties, which may take some time…

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