What Are No Win No Fee Lawyers?


by Gerard Malouf Solicitor - Date: 2010-07-20 - Word Count: 491 Share This!

In many countries other than Australia, lawyers who represent injured persons in negligence or insurance cases often charge contingency fees, or a percentage of the final verdict or settlement. In Australia, however, contingency fees are not permitted by law. Thus, all lawyers for injured persons must technically charge their clients an hourly fee for their services.

One variation that is permissible and legal in Australia is the 'No Win No Fee' lawyer. Quite simply, these lawyers still charge their hourly fee, but only require the client to pay the fee if the case is successful. Thus, when the client obtains a judgment or settlement that is in his or her favour, the client will then pay the No Win No Fee lawyer. If the client never receives a payment on the compensation claim, the No Win No Fee lawyer waives the right to collect a fee for the hours spent on the case.

One of the most successful firms of No Win No Fee lawyers is the partnership of Gerard Malouf & Partners. In practice for almost 30 years, these lawyers specialize in compensation claims under negligence and insurance law. Their success rate is extraordinary. In over 13,000 cases handled by the firm, the lawyers of Gerard Malouf & Partners have won 98 percent of the time. The compensation awards to clients have totalled in the hundreds of millions of dollars.

As No Win No Fee lawyers, Gerard Malouf & Partners charges a rate of $445 per hour ($590 per hour if a client receives an award in excess of $500,000). There may also be a few other administrative fees associated with the management of a case. The total of these fees typically averages between 15 and 25 percent of the compensation award or settlement received by Gerard Malouf & Partners' clients.

The important aspect to remember about No Win No Fee lawyers such as Gerard Malouf & Partners, is that they waive their fees altogether if they do not succeed on a client's behalf. If they cannot reach a verdict, settlement, or cost award in the client's favor, the client will not be responsible for paying their fees. In a few limited circumstances, a client could owe fees before a case is won, such as when Gerard Malouf & Partners arrange for a reasonable settlement and the client rejects the offer, or if the client engages another law firm to take over the case. Otherwise, if the client wins, the client pays the fees. If the client loses, the client pays nothing.

While among the most successful of the No Win No Fee lawyers, Gerard Malouf & Partners also makes a promise to all of its clients in writing: If a client is not satisfied with the quality of Gerard Malouf & Partners' representation, the firm is willing, at the conclusion of a case, to negotiate a reduction in fees. No other law firm in Australia will make this offer. Clients of Gerard Malouf & Partners have found this arrangement to be extremely cost-effective.


Gerard is one of a few Sydney Law Firms to offer there services as No Win No Fee Lawyers & has been practicing law for over 30 years.n
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