Depending on the language of your CFA, you may need to reimburse your lawyer. If you have legal insurance, your premium may cover these costs. This type of insurance, called after-the-event (ATE), protects you from exorbitant costs. You pay for the police at the time you win the case and do not pay if you lose the case. Two other measures have been introduced to compensate the rightful persons for personal injury for the removal of the recovery capacity, in order to allay fears that this would mean a reduction in access to justice: all claims for which Bott and Co offer legal services are subject to a conditional pricing agreement. The current rules continue to apply to CFAs finalized before April 1, 2013 and to ATE guidelines. There are provisions that prevent the parties from circumventing the amendments by adopting, before the reference date, a collective CFA relating to a procedural class and not to a particular right. If the agreement is a collective CFA, there is an additional requirement for counsel or trial services to be provided to the party prior to April 1, 2013. If you win, you may be able to recover withdrawals (of expenses) from your opponent. Conversely, if your case is lost, you may be responsible for certain costs. The agreement defines the percentage of compensation awarded to the lawyer for his expertise in time and law, or if you would pay only one fee. Through a compensation agreement (DBA), the lawyer and client also share the risk of a particular case on the basis of established criteria for success. The lawyer`s tax is a percentage of the damage awarded in the case.
If there is no loan, the client is not required to pay the legal fees. As a general rule, the costs are about 25 per cent for general claims and personal injury and about 35 per cent for work cases. If the applicant`s counsel acts under a DBA, the DBA regulations appear to impose on that lawyer the risk of execution/credit for the reimbursement of the defendant`s costs. Under Rule 4, the client can only be required to pay the sums paid to the lawyer or to be paid by another party. Are the potential costs refundable by a losing defendant? If you lose your debt, you are not only liable for your own expenses, but also for the lawyer`s and defendant`s expenses. If you have an ATE policy, these costs would be covered, which would avoid a significant financial burden. If a conditional pricing agreement is not signed, there may be cases where it is considered legally binding if you wish to challenge any of the clauses in it. Your lawyer should therefore insist that you both sign it as proof that you both agree with his terms.