If you have a legally sound case but are not able to afford the costs of litigation, Shine Lawyers’ experts can help you to get the outcome you are entitled to with our No Win No Fee option.
We believe that nobody should be denied access to justice because of their financial situation.
What is No Win No Fee?
No Win No Fee means you only pay our fee if your case is successful. It is not a contingency fee or fees paid on the basis of a percentage of the outcome.
No Win No Fee is available for many of our legal services. However, we must first do an assessment of your case to decide if it’s suitable. Our No Win No Fee terms are subject to terms and conditions and our Conditional Fee Legal Services Agreement (CFLSA).*
Shine Lawyers are experts in civil litigation and dispute resolution. We will advise you of your rights, the best course of action for your individual circumstances and will keep you informed as your claim progresses.
During your free initial consultation, we will explain the No Win No Fee option in more detail and answer any questions you have.
Which legal services are eligible for No Win No Fee?
While we must first do an assessment of your case, many of our legal services are eligible for No Win No Fee representation, including:
- Insurance claims – flood, earthquake, business interruption, health, life, income protection and general insurance
- Abuse law
- Construction law
- Professional negligence
- Employment law
- Real estate negligence
- Relationship property
- Will & estate disputes
- Representative (class) actions
How do legal fees work?
The traditional way that lawyers charge clients is on what is called “time and attendance”. Usually, this involves the client paying legal fees based on the number of hours a lawyer takes to do the work at an hourly rate. Every time a lawyer works on your file doing work they keep a record of the amount of time spent and you will be charged monthly for the time spent. Legal fees can mount up very quickly and need to be paid so the lawyer can continue working. They are payable regardless of whether you win your case – you still have to pay your lawyers’ fees.
With No Win No Fee, you only pay the legal fees if your case is successful or has a successful outcome. If there is no successful outcome or you lose your case you do not have to pay our legal fees.
In practical terms, during your free initial consultation, one of our legal team members will explain how our Conditional Fee Legal Services Agreement would work for your case.
What are the requirements for No Win No Fee?
Before taking your case under a Conditional Fee Legal Services Agreement we would need to do due diligence about your case to find out if it is meritorious and assess the likelihood of achieving a successful outcome. You will be required to give information and documentation about your case and we may request some further information so we can complete our due diligence.
If your case meets our criteria for No Win No Fee, we will send you a copy of our Conditional Fee Legal Services Agreement. There is no obligation to proceed at this point. You can also decide that you would prefer to pay as you go on our standard time and attendance terms.
How much will the total cost be?
For No Win No Fee clients we will estimate the total cost of running your case before settlement including the cost of professional fees and any other expenses required during your claim. Our professional fees cover the time required for your lawyer and legal team to work on your case, with some cases taking longer to run than others.
Under a Conditional Fee Legal Services Agreement we will keep you updated with our legal fees along the way, but the fees only need to be paid at the end when you reach a successful outcome.
Whilst running your claim we may incur general expenses or might need to access additional services or information to help with your case. The cost of these services or expenses is called a disbursement.
Disbursements can include items such as medical reports and court fees, while the more general expenses include phone calls, faxes, photocopies, postage, etc. Under No Win No Fee, we may still charge you for disbursements. All of the details on fees and disbursements will be explained to you in advance and are noted in your Conditional Fee Legal Services Agreement that you can refer to at any time.
How much can I claim?
Every case will be different, but with our longstanding experience in civil litigation, we can assess your case based on similar successful cases we have progressed in the past.
Contact us to arrange an obligation-free consultation to discuss your case.
What happens if you lose a No Win No Fee case?
If your claim is unsuccessful, in certain circumstances you may be required to pay for your opponent’s legal costs. This is a risk with any litigation that you need to be aware of. However, if you lose, Shine Lawyers will not pass on to you our professional legal fees from running your case. So if you don’t get paid, we don’t get paid.
You will still be required to cover our disbursements (see above), and the court may require that you pay costs to the opposition. To alleviate this risk, we carry out thorough due diligence before taking on cases on No Win No Fee and not all cases will be suitable.
Do you take a percentage of my settlement?
No. In New Zealand it is unethical and against the Lawyers & Conveyancers Act for lawyers to charge a percentage of a settlement amount.
Our Conditional Fee Legal Services Agreement is different as our professional fee is either paid (if you win) or not paid (if you are not successful). We are permitted to charge an ‘uplift’ on fees and the Conditional Fee Legal Services Agreement will explain the fees you could be charged in advance, so there are no surprises later.
Let’s right wrong. Contact Shine Lawyers for an obligation-free consultation
At Shine Lawyers we’ll match you with a legal expert who can give you the advice you need. Our expert No Win No Fee lawyers can help you to determine your rights and can bring forward a claim on your behalf. Get in contact today, or speak to us over the phone on 0800 SHINE LAW, for an obligation-free consultation to discuss your case.
Why choose Shine Lawyers?
We are here to help you right wrong.
*All No Win No Fee cases are subject to our Terms & Conditions and our Conditional Fee Legal Services Agreement
‘Fee’ refers to our fee for professional legal services – the hourly rate charged by your lawyer. It does not cover legal costs awarded by the court (if any) or disbursements.
‘Successful Outcome’ can mean different things – a pre-court settlement, agreed settlement at mediation or a judgment in your favour. What constitutes a ‘win’ in the context of your No Win No Fee case will be fully explained to you in the initial consultation and your Conditional Fee Legal Services Agreement.
Not all cases will meet our criteria for No Win No Fee. We do not take cases on a speculative basis and we cannot guarantee that we will take your case on a No Win No Fee basis. We reserve the right to assess which cases and client circumstances are suitable for this option.