‘No Win, No Fee’ agreements have become a common option for individuals seeking legal representation. These agreements, also known as Conditional Costs Agreements, allow clients to pay their solicitor only if the case results in a successful outcome. However, these agreements are strictly prohibited in criminal law.

The Legal Profession Uniform Law

The Legal Profession Uniform Law (NSW) No 16a of 2014 governs the use of Conditional Costs Agreements in New South Wales and sets out restrictions on these agreements. Conditional Cost Agreements cannot be used in criminal proceedings outlined in Section 181(7), which states that it does not apply to:

(7) A conditional costs agreement may relate to any matter, except a matter that involves—

(a) criminal proceedings; or
(b) proceedings under the Family Law Act 1975 of the Commonwealth; or
(c) proceedings under legislation specified in the Uniform Rules for the purposes of this section.

Individuals involved in criminal cases cannot enter into ‘No Win, No Fee’ arrangements with their solicitor, unlike in civil cases, where such agreements are more common.

Why is there ‘No Win, No Fee’ in Criminal Law?

The prohibition against ‘No Win, No Fee’ agreements in criminal law arises from concerns over fairness. Criminal proceedings often involve serious legal issues, and the possibility of an uncertain financial outcome could discourage lawyers from representing clients in criminal cases, which might not align with the principles of justice.

Lawyers are expected to provide representation regardless of the financial outcome, and a ‘No Win, No Fee’ arrangement could create unfairness. In family law cases, similar considerations apply, as the law aims to ensure that legal representation remains accessible and impartial.

Under the Legal Profession Uniform Law (NSW), solicitors are prohibited from offering ‘No Win, No Fee’ agreements in criminal proceedings, reflecting concerns about fairness and accessibility.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong-Yuan, paralegal.

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