Advantages And Disadvantages Of Mutual Aid
ANALYZE THE ADVANTAGES AND DISADVANTAGES OF CONDITIONAL FEE ARRANGEMENTS FOR LEGAL AID
THE RESEARCH ESSAY
ANALYZE THE ADVANTAGES AND DISADVANTAGES OF CONDITIONAL FEE ARRANGEMENTS FOR LEGAL AID …show more content…
CMCs use hard-selling marketing tactics which pressures victims into entering into a contract with them. Often, they start by saying that they do not need to come out with a cent in seeking compensation but later on in some tiny footnotes they would write that the client may be subject to some payment. Essentially, not paying a cent is true, where legal costs is concerned, but damages are not always enough to pay back the interest rates of applying for a bank loan, which was meant to supply the insurance premiums. Because of the straightforwardness of some cases, some lawyers also take advantage of the situation to drag the case so that they may be paid more legal fees. Many consumers have complained that Conditional Fee Arrangements cases are so inefficient that they find it hard to resume their daily lives. Some straightforward cases were said to take up to …show more content…
Rather than bearing the full cost, it is suggested that the success fee be paid by the claimant. Courts have shown an apprehensive attitude towards this as the adversarial system has always been one that has a principle that the losers should pay the winner’s cost. This again is a move aimed to help the defendants. However, having this in play would mean that the claimants have less damages to recover. Yet, to look at it from another perspective, this would mean that lawyers can now no longer abuse success fee setting. It would shift the demand of this market to the hands of the claimants. In a way, this provides competition, keeping success fees low and efficient. It would also solve the problem of case dragging, since lawyers would be pressured by claimants not to take so much time. Although this means more lawyers would exit the market because of low profits, I would feel that it is still an advantage as it increases efficiency and cost.
From the above analysis of the advantage and disadvantage of conditional fee arrangements we can say that this conditional fee arrangements system are undoubtedly an effective mechanism to improve access to justice and after the new reforms by the Jackson Report it becomes more acceptable to the