Author Topic: Pro bono or Conditional Fee Arrangement (CFA)?  (Read 43657 times)

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Offline John

Pro bono or Conditional Fee Arrangement (CFA)?
« on: July 12, 2018, 08:51:50 AM »
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
« Last Edit: July 29, 2018, 08:54:36 PM by John »
A malicious prosecution for a crime which never existed. An exposé of egregious malfeasance by public officials.
Indeed, the truth never changes with the passage of time.

Offline Sunny

Re: Pro bono or Conditional Fee Arrangement (CFA)?
« Reply #1 on: July 12, 2018, 09:20:05 PM »
3.7 Pro bono advice services Pro bono advice is where a solicitor or barrister works on your legal problem free of charge. The law works scheme can arrange free initial advice on various areas of social welfare law including employment law,housing matters, consumer disputes, debt, and welfare benefits. Their clinics are for people who are not eligible for legal aid but cannot afford to pay for a lawyer

https://www.ageuk.org.uk/globalassets/age-uk/documents/factsheets/fs43_getting_legal_advice_fcs.pdf


Individual Pro Bono Instructions
We will always aim to help, when possible, but unfortunately are not able to take on all the requests we receive for pro bono work.

Broadly speaking, the criteria we use to determine whether we can offer pro bono legal advice include:

Ability to fund by the client – many of our clients are charities and social enterprises undertaking important and worthwhile work. Our focus for pro bono work is on those who simply cannot afford to pay for legal advice.
Availability of alternative funding – in some matters it may be more appropriate to work under a conditional fee or “no win-no fee” arrangement.

https://www.bwbllp.com/pro-bono

« Last Edit: July 24, 2018, 07:54:40 PM by John »
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Offline Mr Gray

Re: Pro bono or Conditional Fee Arrangement (CFA)?
« Reply #2 on: July 12, 2018, 09:23:09 PM »
3.7 Pro bono advice services Pro bono advice is where a solicitor or barrister works on your legalproblem free of charge. The LawWorks scheme can arrange free initialadvice on various areas of social welfare law including employment law,housing matters, consumer disputes, debt, and welfare benefits. Theirclinics are for people who are not eligible for legal aid but cannot affordto pay for a lawyer

https://www.ageuk.org.uk/globalassets/age-uk/documents/factsheets/fs43_getting_legal_advice_fcs.pdf


Individual Pro Bono Instructions
We will always aim to help, when possible, but unfortunately are not able to take on all the requests we receive for pro bono work.

Broadly speaking, the criteria we use to determine whether we can offer pro bono legal advice include:

Ability to fund by the client – many of our clients are charities and social enterprises undertaking important and worthwhile work. Our focus for pro bono work is on those who simply cannot afford to pay for legal advice.
Availability of alternative funding – in some matters it may be more appropriate to work under a conditional fee or “no win-no fee” arrangement.

https://www.bwbllp.com/pro-bono

im sure you are wrong...CR worked pro bono for the mccanns...give me a reason why they would not claim their charges which they were entitled to from the newspapers who agreed to settle
« Last Edit: July 24, 2018, 07:55:09 PM by John »

Offline Mr Gray

Re: Pro bono or Conditional Fee Arrangement (CFA)?
« Reply #3 on: July 12, 2018, 09:26:34 PM »
3.7 Pro bono advice services Pro bono advice is where a solicitor or barrister works on your legalproblem free of charge. The LawWorks scheme can arrange free initialadvice on various areas of social welfare law including employment law,housing matters, consumer disputes, debt, and welfare benefits. Theirclinics are for people who are not eligible for legal aid but cannot affordto pay for a lawyer

https://www.ageuk.org.uk/globalassets/age-uk/documents/factsheets/fs43_getting_legal_advice_fcs.pdf


Individual Pro Bono Instructions
We will always aim to help, when possible, but unfortunately are not able to take on all the requests we receive for pro bono work.

Broadly speaking, the criteria we use to determine whether we can offer pro bono legal advice include:

Ability to fund by the client – many of our clients are charities and social enterprises undertaking important and worthwhile work. Our focus for pro bono work is on those who simply cannot afford to pay for legal advice.
Availability of alternative funding – in some matters it may be more appropriate to work under a conditional fee or “no win-no fee” arrangement.

https://www.bwbllp.com/pro-bono

See what I mean Davel?

this is all about pro bono legal ADVICE...thats all
« Last Edit: July 24, 2018, 07:55:36 PM by John »

Offline Sunny

Re: Pro bono or Conditional Fee Arrangement (CFA)?
« Reply #4 on: July 12, 2018, 09:29:37 PM »
im sure you are wrong...CR worked pro bono for the mccanns...give me a reason why they would not claim their charges which they were entitled to from the newspapers who agreed to settle

No Davel CR worked on a Conditional Fee Arrangement. That is totally different. With a CFA the winning sides legal fees will be paid by the loser after a court case. Pro Bono = for nothing.

I have provided cites regarding Pro Bono. Can you provide a cite which showed CR worked "pro bono" for the McCanns please.  I believe it was a CFA.

Here's another cite
Pro bono publico (English: for the public good; usually shortened to pro bono) is a Latin phrase for professional work undertaken voluntarily and without payment. Unlike traditional volunteerism, it is service that uses the specific skills of professionals to provide services to those who are unable to afford them.


Wikipedia this time  https://en.wikipedia.org/wiki/Pro_bono
« Last Edit: July 23, 2018, 05:18:34 PM by John »
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Offline Sunny

Re: Pro bono or Conditional Fee Arrangement (CFA)?
« Reply #5 on: July 12, 2018, 09:34:58 PM »
Try this one then Davel.


The Bar Pro Bono Unit  is a charity which helps to find pro bono (free) legal assistance from volunteer barristers.

They can assist with:

Advice, representation and help at mediation

Cases in all legal areas

Cases where proceedings have not yet been started, and

Cases in all tribunals and courts in England and Wales.

Pro bono assistance is only available to those who cannot afford to pay and who cannot obtain public funding (Legal Aid).

https://www.barcouncil.org.uk/using-a-barrister/pro-bono-assistance/
Members are reminded that cites must be provided in accordance with the forum rules. On several occasions recently cites have been requested but never provided. Asking for a cite is not goading but compliance.

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Offline Sunny

Re: Pro bono or Conditional Fee Arrangement (CFA)?
« Reply #6 on: July 12, 2018, 09:43:07 PM »
Davel.

Thought I'd give you your cite (well sortof).

You were incorrect. It was a Conditional Fee Arrangment otherwise known as No Win No Fee. Not Pro Bono. It is on CR's own website.


https://www.carter-ruck.com/images/uploads/documents/McCann-Press_Release-03102014.PDF

And Gerry himself

I should mention that Carter-Ruck made clear that they would be willing to act for us in our libel dispute on the basis of a Conditional Fee Agreement, albeit that in the end

 this was not necessary as Express Newspapers and Associated Newspapers did not contest our complaints. However, had it not been for the availability of a CFA, it would have been very difficult - if not impossible - for Kate and I to have brought the complaint as we do not have the resources to take on large media organisations in this way.


Sort of a bogof deal. Two cites for the price of one.
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Offline Mr Gray

Re: Pro bono or Conditional Fee Arrangement (CFA)?
« Reply #7 on: July 12, 2018, 09:51:10 PM »
Davel.

Thought I'd give you your cite (well sortof).

You were incorrect. It was a Conditional Fee Arrangment otherwise known as No Win No Fee. Not Pro Bono. It is on CR's own website.


https://www.carter-ruck.com/images/uploads/documents/McCann-Press_Release-03102014.PDF

And Gerry himself

I should mention that Carter-Ruck made clear that they would be willing to act for us in our libel dispute on the basis of a Conditional Fee Agreement, albeit that in the end

 this was not necessary as Express Newspapers and Associated Newspapers did not contest our complaints. However, had it not been for the availability of a CFA, it would have been very difficult - if not impossible - for Kate and I to have brought the complaint as we do not have the resources to take on large media organisations in this way.


Sort of a bogof deal. Two cites for the price of one.
As I have already said it doesn't matter... The mccanns could not have got court...it was in the lawyers hands

Offline Sunny

Re: Pro bono or Conditional Fee Arrangement (CFA)?
« Reply #8 on: July 12, 2018, 09:54:41 PM »
As I have already said it doesn't matter... The mccanns could not have got court...it was in the lawyers hands

The McCanns could have gone to court. They were instructing the solicitors not the other way around. Admittedly if the solicitors thought there was little chance of winning and it was a CFA then they could refuse to go ahead but then they would be unlikely to have taken the case in the first place.

 
Can I have a cite for "the mccanns could not have gone to court" please.
« Last Edit: July 23, 2018, 05:22:27 PM by John »
Members are reminded that cites must be provided in accordance with the forum rules. On several occasions recently cites have been requested but never provided. Asking for a cite is not goading but compliance.

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Offline Mr Gray

Re: Pro bono or Conditional Fee Arrangement (CFA)?
« Reply #9 on: July 12, 2018, 10:02:22 PM »
The McCanns could have gone to court. They were instructing the solicitors not the other way around. Admittedly if the solicitors thought there was little chance of winning and it was a CFA then they could refuse to go ahead but then they would be unlikely to have taken the case in the first place.

 
Can I have a cite for "the mccanns could not have gone to court" please.

I've already explained it.. Look back at the posts...
« Last Edit: July 23, 2018, 05:22:41 PM by John »

Offline Mr Gray

Re: Pro bono or Conditional Fee Arrangement (CFA)?
« Reply #10 on: July 12, 2018, 10:09:49 PM »
Once the papers had agreed to settle in reality the mccanns could not have taken them to court for reasons I have already explained.
« Last Edit: July 23, 2018, 05:24:14 PM by John »

Offline Sunny

Re: Pro bono or Conditional Fee Arrangement (CFA)?
« Reply #11 on: July 12, 2018, 10:12:15 PM »
Once the papers had agreed to settle in reality the mccanns could not have taken them to court for reasons I have already explained.

Could you show me where the McCanns used CR on a pro bono basis though?  I gather also there were several papers that were sued by the couple were there reasons for all of them as to why the pair couldn't take them to court too?

Please, can you give me a cite where the McCanns used CR on a pro bono basis.  I gather cites are required when statements are made. I have shown you mine, so show me yours.
« Last Edit: July 23, 2018, 05:24:59 PM by John »
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Offline Mr Gray

Re: Pro bono or Conditional Fee Arrangement (CFA)?
« Reply #12 on: July 12, 2018, 10:16:19 PM »
Could you show me where the McCanns used CR on a pro bono basis though?  I gather also there were several papers that were sued by the couple were there reasons for all of them as to why the pair couldn't take them to court too?

Please, can you give me a cite where the McCanns used CR on a pro bono basis.  I gather cites are required when statements are made. I have shown you mine, so show me yours.
Alice quoted opinion as fact and gave no cite... So let's start there first... CR acted on a no win no fee basis... That's pro bono

Offline Sunny

Re: Pro bono or Conditional Fee Arrangement (CFA)?
« Reply #13 on: July 12, 2018, 10:21:24 PM »
Alice quoted opinion as fact and gave no cite... So let's start there first... CR acted on a no win no fee basis... That's pro bono

No it isn't Davel. = no win  there is no fee. You win there is a fee but it will be mitigated by the losing party paying at least some if not all of the costs.

Pro bono = no fee fullstop except occasionally lawyers working pro bono will accept some of the legal fees to be paid but they will go to a charity for paying expenses for lawyers doing pro bono work. I don't think CR are a charity do you?

Cite that pro bono = CFA /NWNF then please Davel.  You haven't stated that the McCanns using CR on pro bono was an "opinion" you have stated it several times as though it was a fact. There fore cite please.
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Offline Sunny

Re: Pro bono or Conditional Fee Arrangement (CFA)?
« Reply #14 on: July 12, 2018, 10:27:21 PM »
so here is the post...the mccanns may well have wished to put it before a judge...we do not know...alice is posting opinion as fact...

What has Alice got to do with our conversation. Davel, you were posting opinion (incorrect as it turns out) as fact.
Members are reminded that cites must be provided in accordance with the forum rules. On several occasions recently cites have been requested but never provided. Asking for a cite is not goading but compliance.

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