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No Win No Fee Lawyers Sydney

Most Australian compensation lawyers offer a No Win No Fee cost agreement – but that doesn’t mean their services are free. You must understand how different personal injury lawyers will charge legal costs, how much will be charged and when those legal costs are payable.

If you sign a costs agreement without understanding the fee arrangement terms, you may end up with a substantial legal bill.

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No Win No Fee

No Win No Fee

You won’t be required to pay any fees until we win your case.

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5-Star Client Rating

You’ll receive outstanding service. We maintain a 5-star client rating.

Free Case Assessments

Free Case Assessments

We provide confidential, free case assessments.

Industry Experts

Industry Experts

We’re industry experts with over 20 years of experience.

No Win No Fee

No Win No Fee

You won’t be required to pay any fees until we win your case.

What is NO Win No Fee?

“No Win No Fee” (NWNF) is the consumer term for a Conditional Cost Agreement (CCA) between you and your lawyer where you both agree that you won’t need to pay their legal fees unless an agreed result has been achieved.

So when you are represented by No Win No Fee lawyers and your personal injury claim is regarded as “successful”, you will have to pay their professional fees as a result. But what qualifies as a successful claim? It depends on the definition outlined in the costs agreement you sign with your No Win No Fee lawyers. Generally, a successful claim is one where money is awarded in your favour as compensation.

On the other hand, if you are unsuccessful, your No Win No Fee arrangement means you won’t need to pay your lawyer’s professional fees. However, you will still be required to pay your lawyer’s “disbursements”; that is, charges for everything they spent money on to build your case and take legal action on your behalf. Disbursements can include interpreter fees, court fees, medical reports, expert fees, and other out-of-pocket expenses.

On top of that, if you are unsuccessful, there’s a very strong chance you would need to pay all of the other side’s legal fees and costs.

When are legal costs payable?

These charges are payable by you to your lawyer when you receive the money for your compensation at the end of a successful claim. They will be paid from the compensation you’ve been awarded from the defendant (usually an insurance company).

The compensation you receive will be calculated to include funds to cover a large proportion of your legal bill. The amount will depend on the type and nature of your claim.

As already mentioned, you are not required to pay your lawyer’s professional fees if your claim is unsuccessful.

How is the amount of legal fees calculated?

The CCA will outline how much you would have to pay in all circumstances.

The fee policy at many law firms is to charge an hourly rate; others will charge a lump sum amount agreed before the commencement of a claim.

Make sure you understand on what fee basis you will be charged before signing a CCA.

The compensation you receive from the defendant (usually an insurance company) will include a specific amount to cover most of your legal costs. That amount is generally around half to two-thirds of your lawyer’s total charges, though this can vary. The outstanding balance for your lawyer’s legal services is up to you to pay.

What happens if my claim is not successful?

If you are unsuccessful in your claim for compensation, you won’t need to pay your lawyer’s legal fees.

However, you may still be required to pay your lawyer’s disbursements; that is, the cost of things such as interpreter’s fees, court fees, medical reports, expert fees and the like. This will depend on the CCA you agreed to with your No Win No Fee solicitors.

You will almost certainly be required to pay the defendant’s legal costs.

The winner always pays the loser’s legal costs.

You should always take this potential outcome into account proceeding with any claim, even when undertaken on a No Win No Fee basis.

How will my lawyer charge legal fees?

This varies from lawyer to lawyer. Some charge an hourly rate; others will charge a lump sum amount agreed at the beginning of a claim.

If your lawyer charges an hourly rate, you need to be careful. It is common for lawyers in a compensation law firm to charge $450 to $550 per hour. And because it can be virtually impossible to know exactly how many billable hours a claim will need in advance, you have no way of knowing how much you may owe in legal fees. Even if your lawyer gives you an estimate, it can still be way off (usually higher) by the end.

At Garling & Co, we believe charging an hourly rate can create a genuine conflict of interest between a client and their lawyer. On the one hand, the client wants their claim to be simple and straightforward and completed in the quickest time possible for the best possible result. But the lawyer, who has a vested interest in being able to charge as many hours as possible, benefits from a claim that takes longer and becomes more complex.

At Garling & Co, 98% of the time, we charge a lump sum amount agreed to upfront based on the agreed value we can provide to the client. As long as we achieve the best result for the client, how long it takes isn’t relevant, though we always aim to conduct personal injury claims as quickly and efficiently as possible.

By charging a lump sum instead of an hourly rate, the clients’ and the firm’s interests are closely aligned so that we can work together to achieve the best result.

What are definitely not No Win No Fee fee arrangements?

Instead of having a direct NWNF fee arrangement with their clients, some personal injury lawyers use outside companies to fund the payment of their legal fees and disbursements. These companies would cover your lawyer’s charges while the claim is underway.

In this circumstance, your law firm would direct you to deal directly with that separate company on what appears to be a No Win No fee agreement. But your costs agreement would be between you and that private company – not your lawyers.

Be careful of such agreements and ensure you understand how you will be charged. Often these agreements have hidden costs and try to claim a percentage of what you receive as compensation. In NSW, lawyers cannot charge you a percentage of your compensation. This is known as a contingency fee and is illegal.

What is Pro Bono?

Pro Bono is legal services provided for free.

NWNF agreements are not free legal services; you are still required to pay legal costs. Payment is just conditional on the claim being successful.

Access to Justice

NWNF cost agreements make it possible for everyday Australians to get the legal support they need to get the justice they deserve.

The way the legal system is currently structured in Australia allows only the very rich or poor (who qualify for government Legal Aid help) to pursue a claim. This is because most lawyers charge an hourly rate at the end of each month, whether you win your claim or lose, and that becomes hugely expensive and requires a lot of upfront money.

The beauty of NWNF cost agreements is that they allow everyday people to get the justice they deserve but would otherwise not be able to afford.

Do you have questions about proceeding with a claim under a No Win No Fee basis? Please get in touch with us on (02) 8329 9500 or contact us at mgarling@garlingandco.com.au

*Garling Lawyers provide No Win No Fee cost agreements in most types of compensation claims, however conditions do apply.

Matthew Garling – Garling and Co 2022
Accredited Specialist in Personal Injury Law.

No Win No Fee Questions For Your Lawyer!

How do I know if my lawyer is any good?

Lawyers are not all the same. There are good lawyers who are smart, do the work required to get a great job for their client and charge reasonable fees. The bad ones take shortcuts, are not genuine experts and over-charge on fees.

How do you know who to trust?

There is one easy way to tell if the lawyer knows what they are doing and can be trusted.

They should be an Accredited Specialist in Personal Injury Law as approved by the Law Society of NSW.

Only the best lawyers in their field are approved by the Law Society as Accredited Specialists. A lawyer must pass an examination process to test their knowledge of personal injury and pass a peer interview by senior lawyers.

Accredited specialists only practise in personal injury law so are up to date on the changing NSW laws.

Only those lawyers who are truly experts in their area of law are granted accreditation.

It’s the lawyer who is accredited – not the law firm!

While some law firms advertise themselves as accredited specialists in compensation law, it is important to understand that only a lawyer can get accreditation, not a law firm overall. So it’s often just their senior partner who’s accredited, while the other ten lawyers in the firm who do the day-to-day work are not accredited. They use your claim to gain experience.

Make sure the lawyer who is acting on your behalf on a day-to-day basis is an accredited specialist. If not, you do not have the best lawyer for your claim.

So, the most important question you need to ask them is this:

Is the lawyer who will be handling my case an Accredited Specialist in Personal Injury Law?

If they’re not, change to a lawyer who is and make sure that lawyer is the one who will be doing the day-to-day legal work on your claim. This is very important and will make a huge amount of difference. It is the only way to determine if your lawyer has the necessary skills and expertise to get the best result for you. To make them easier to identify, the Law Society of New South Wales allows lawyers who are accredited to display their Accredited Specialist logo.

You have the wrong lawyer if your lawyer isn’t an Accredited Specialist.

Contact Garling&Co

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Complete our free, no obligation confidential case assessment form and we’ll get back to you within 24 hours.

Alternatively, we are available to talk through phone and email. Please contact our experienced workers compensation lawyers to find out how we can help.

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Kimberly B.
23:14 14 Feb 24
Mathew is very knowledgable and has been of great assistance to me. All the staff are friendly and helpful. I'm so happy I found this firm.Thank you Mathew and team for your great work in my case.... I am 100% happy with what you achieved for me.read more
Julie M.
10:16 16 Jan 24
My last stage of Workers compensation claim was managed by Emma Perkins, Natasha Stojanovic, Rebecca Dunshea and Kelli Robinson at Garling and Co. Lawyers who went the extra mile with their service... from the beginning to the end of 3 years of my case. I have become very anxious with almost everything after a workplace injury and a lot of times I probably ask more questions than I need to, but Emma Perkins always finds clear answers to my questions in a short time and explains to me patiently even using her mealtime or between her meeting and make me feel that I have been very well take care and supported. I am so grateful and extremely satisfied. The excellent service, attitude, and culture of Metthew Garling and his team are second to none with a very high success rate. If you going to battle with your workplace injury for a short or long period, you are better off with Garling and Co. lawyers who are able back you up every step of the way. I strongly recommend it to anybody who needs their service like me. Julieread more
patrick P.
01:46 19 Dec 23
I like to say that I had a very wonderful experience,And the support, and also understanding with all my requests,I could not ask for a better team!Thank you Emma and also her assistant Rebecca... thank youread more
Kazi H.
13:38 13 Dec 23
Work cover fund is GOVT’S money but insurer think that it is from their 14th generation. So only they can have it. Not only that, people from the work, IME doctor from insurer, back to work... coordinator from work, Rehab provider from any side push the worker as hard as possible that the worker (doesn’t matter how the workers mental or psychical condition) either go back to his pre injury duty or leave the job.More over on that very bumpy any difficult journey some of them only treat the worker as a MONEY MAKING MECHINE .in some point worker feels like, no rooms to breath. On that moment need someone to support legally, someone to care, someone to relive.On my case I believe that, somehow, I manage to make my God happy. That’s why God sends me to Matthew Gerling and his team Allison, Rebecca and Nathan, and all of GARLING & co Lawyers.I am not good enough in English, can’t express my gratitude.Matthew, Allison, Rebecca and Nathan, please accept my appreciation and pass it to others.read more
Carol L.
01:32 29 Nov 23
Professional, understanding and friendly
Sean G.
23:21 14 Nov 23
Matthew Garling and everyone I spoke to at Garling and Co were kind, caring and compassionate. They were sensitive to my psychological condition and were patient in explaining everything to me, so... that I clearly understood the legal process. I am exceptionally grateful for the settlement outcome that Garling and Co obtained for me. Many thanks.read more
waqas A.
08:33 13 Nov 23
Great Experience with Garling & Co. Matthew explained everything in detail during the first appointment. Allison, Nathan, Rebecca and the staff have been extremely helpful. Thank You to the team and... lawyers at Garling & Co. for making the long process easy for me and getting an excellent outcome for my compensation claim.I would highly recommend Garling & Co. Lawyersread more
Saskia L.
21:42 08 Nov 23
The world of workers compensation is long, hard and confusing, but Emma and Rebecca at Garling & Co always treated my case with kindness, respect and understanding. No question was ever silly and... they always had time to make sure I knew what would happen next and how we could best prepare. I am so thankful for their expertise and could not have chosen anyone better to represent me.read more
Antonio P.
08:46 06 Nov 23
Thank you Matthew and his team for taking care of my case couldn’t ask for a better results and couldn’t have better team to do that thank you
Julie M.
00:40 06 Nov 23
Garlic & Co Lawyers have been wonderful, supporting me through some difficult times. With their assistance, positive outcomes were achieved. Many thanks to the Team.Julie
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