Advantages And Disadvantages Of Conditional Fee Agreements

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. A Conditional fee Agreement is one type of funding that is available to clients, they are legally binding agreements and must be in writing as stated in (s58 Courts and Legal Services Act 1990 (CLSA 1990)). Conditional Fee Agreements are sometimes known as "no win, no fee" agreements and they are commonly used in personal injury claims, however they are also used in different areas of law. 
During a court case the claimant and defendant are responsible for paying their own legal costs and if the case goes to trial, the judge will decide to either award damages to the claimant or refuse to award damages if the defendant is successful. Once the judge has made a decision, the losing party is required to pay their own costs as well as a percentagex
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This is an agreement where the client agrees to pay the lawyer a percentage of the sum recovered in a claim. Damages-based agreements are primarily used in employment tribunal 's work in s58AA CLSA 1990 and the Damages-Based Agreements Regulations 2010. 
Another type of funding available to clients is legal expenses insurance. IB(1.16) SRA Code of Conduct emphasizes how it is important for solicitors and staff to ask clients whether they hold any form of legal expense insurance which can be found as part of their household or motor insurance policies. If a client has legal expenses insurance then the insurance company will be prepared to pay the legal costs if the firm is on a panel which is a list of approved firms. 
Another example for a client to fund legal advice and representation is public funding which is also known as legal aid. IB(1.16) SRA Code of Conduct also indicates that a discussion should take place between the Solicitor and the client to establish whether or not it is a viable option to go for public funding, this would be of particular use in such cases of a serious criminal nature where the defendant cannot afford legal representationX and also children cases can be put forward? for public
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The purpose of a client care letter is to provide the client information regarding costs, the firms ' terms of service, details of the person dealing with the matter and any other information which can be referred back to at a later date. This is to ensure that the client has as much information at the start of the matter and it can also be used as evidence in such scenarios where a client is complaining about the solicitor. An example of this would be a providing the client a poor service whether it would be in a professional capacity or lack of information given to the client. The client care letter ensures that all clients are treated fairly in accordance with Principle 5 of the SRA Handbook which states "You must provide a proper standard of service to your clients". X
4. The information which Evie will receive in Kempstons ' complaints procedures will be information on who she can contact if she feels she has a need to complain about the service which Ravi has provided her, this is in accordance with (O(1.9)) which expresses? a client 's right to complain and the process they can follow to launch? a

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