A lot of confusion exists as to whether lawyers acting for the McCanns in their action against the British media for libel were undertaken on a Pro bono or Conditional Fee Arrangement (CFA) basis.
Pro bono is shortened from the Latin term “pro bono publico”, meaning “for the public good.” It generally involves lawyers and law students giving up their time on a voluntary basis for people who need legal assistance, but aren’t in a position to get the necessary support. The motivation behind pro bono work is to benefit society as opposed to making money. Pro bono work often refers to legal services offered without taking a fee.
On the other hand, legal services undertaken under CFA consist of an agreement whereby the solicitor and the client can agree to share the risk of the litigation by coming to a financial arrangement whereby part or sometimes all of the solicitors' fees will only be payable by the client in the event of success. Conditional Fee Agreements is a legal funding arrangement where you only pay for your lawyers work on the condition that your case is won and you receive compensation. So if your claim is unsuccessful you're not left with a bill for legal work.
Depending on the type of case, some legal costs and expenses can be recovered from the losing party at the end of the claim. The Law was changed in relation to expenses in 2013 so currently expenses have to be paid out of the damages agreed.
Prior to officially instructing your lawyer, the details of your Conditional Fee Agreement will be clearly outlined. It is at this stage where a 'success fee' percentage is also agreed upon.
432
