Pro bono or Conditional Fee Arrangement (CFA)?

[Sunny]

And yet Davel

Mr Jay
One point you make, these libel proceedings were brought with the benefit of conditional fee agreements; is that correct?

Link in context Link

Mr McCann
Yes. I think it's very important, given the scale of the task that faced us, and we were given -- we made our decisions after being fully informed of the pathway, and I think that's very important. It was a last resort. And at the time, given our circumstances, I do not believe we would have had the resource to go down that path if it wasn't for a CFA being in place.

https://leveson.sayit.mysociety.org/hearing-23-november-2011/dr-gerald-patrick-mccann-and-dr-kate-marie-mccann

[Mr Gray]

And yet Davel

Mr Jay
One point you make, these libel proceedings were brought with the benefit of conditional fee agreements; is that correct?

Link in context Link

Mr McCann
Yes. I think it's very important, given the scale of the task that faced us, and we were given -- we made our decisions after being fully informed of the pathway, and I think that's very important. It was a last resort. And at the time, given our circumstances, I do not believe we would have had the resource to go down that path if it wasn't for a CFA being in place.

https://leveson.sayit.mysociety.org/hearing-23-november-2011/dr-gerald-patrick-mccann-and-dr-kate-marie-mccann

If you read what Gerry said...a CFA was an option...and they could not bring libel proceedings without one...but in the end they did not need to bring libel proceedingas the express capitulated...there was no CFA put in place...it really is quite clear

[Sunny]

If you read what Gerry said...a CFA was an option...and they could not bring libel proceedings without one...but in the end they did not need to bring libel proceedingas the express capitulated...there was no CFA put in place...it really is quite clear

So you are calling Gerry a liar then when he said "I do not believe we would have had the resource to go down that path if it wasn't for a CFA being in place." then? 

They had CFA in place Davel but didn't need to use it to its full extent as the media caved in prior to trial. That is my opinion anyway.

[Mr Gray]

So you are calling Gerry a liar then when he said "I do not believe we would have had the resource to go down that path if it wasn't for a CFA being in place." then? 

They had CFA in place Davel but didn't need to use it to its full extent as the media caved in prior to trial. That is my opinion anyway.

No I'm not calling Gerry a liar....you need to read his statement again

[Sunny]

No I'm not calling Gerry a liar....you need to read his statement again

Which one Davel?  I have one where he says they did use CFA and you have one where he says they didn't need to use a CFA. Both are direct quotes from Gerry so we are both correct it would seem.

Can we agree on that? Oh and do you have a cite for them using a pro bono agreement yet?

I don't want to argue with you but I do find it difficult to discuss things with you as you never back down even when wrong. I have already amended one post when I was incorrect and apologized to the poster involved, Sadie.

[Mr Gray]

Which one Davel?  I have one where he says they did use CFA and you have one where he says they didn't need to use a CFA. Both are direct quotes from Gerry so we are both correct it would seem.

Can we agree on that? Oh and do you have a cite for them using a pro bono agreement yet?

I don't want to argue with you but I do find it difficult to discuss things with you as you never back down even when wrong. I have already amended one post when I was incorrect and apologized to the poster involved, Sadie.

I'm not really interested in anymore discussion on the topic...it's of no real importance..

[faithlilly]

I'm not really interested in anymore discussion on the topic...it's of no real importance..

 

[Mr Gray]

pro bo·no
/ˌprō ˈbônō/
adverb

1.
denoting work undertaken without charge, especially legal work for a client with a low income:
"the attorneys are representing him pro bono"

did CR charge the mccanns...no......so it was Pro Bono

[Sunny]

To no one in particular the differences between Pro Bono and CFA are:

CFA

Conditional fee arrangement- this is when how much you need to pay will depend on whether you win your case. For example, the agreement may be that if you do not win, you do not have to pay the barrister, or you may have to pay a smaller fixed amount and only need to pay the rest if you win.


Pro Bono

What if I cannot afford a barrister?


If you cannot afford a barrister, there are certain types of cases where you may be able to get legal aid. Legal aid means that the government will help you to meet the costs of legal advice and/or representation in a court or tribunal. More information can be found under the question "When is someone eligible for legal aid?" below.

The Bar Pro Bono Unit can also provide you with legal help if you cannot afford to pay. However, you will need to be referred to them by an advice agency such as the Citizens Advice Bureau, a Law Centre, your local MP  or a Legal Advice Clinic, so it would be best to speak to one of these organisations first. You can find more information about the Bar Pro Bono Unit on their website.

https://www.barstandardsboard.org.uk/using-a-barrister/how-do-i-pay-a-barrister/
They are not the same.

https://www.barstandardsboard.org.uk/using-a-barrister/how-do-i-pay-a-barrister/

[slartibartfast]

pro bo·no
/ˌprō ˈbônō/
adverb

1.
denoting work undertaken without charge, especially legal work for a client with a low income:
"the attorneys are representing him pro bono"

did CR charge the mccanns...no......so it was Pro Bono

They were on a retainer.

[Mr Gray]

They were on a retainer.

A retainer does not always involve a payment...it can be a contract setting out terms of service
Does anyone have any proof the McCanns paid any money to CR or was all work carried out without charge to the McCanns..or..pro bono

[Mr Gray]

I have twice  provided a cite there was no CFA in place

[Miss Taken Identity]

A retainer does not always involve a payment...it can be a contract setting out terms of service
Does anyone have any proof the McCanns paid any money to CR or was all work carried out without charge to the McCanns..or..pro bono

Aw Davel  the penny has dropped...erm well on soft landing all be it. So you now agree that
"A retainer does not always involve a payment...it can be a contract setting out terms of service"

as sunny said...

"CFA

Conditional fee arrangement- this is when how much you need to pay will depend on whether you win your case. For example, the agreement may be that if you do not win, you do not have to pay the barrister, or you may have to pay a smaller fixed amount and only need to pay the rest if you win.
"

It up to you to prove that CR worked  pro bono for the McCanns Davel.  It was an 'out of court settlement'- the express may have paid the legal fees separately as was done with me after an accident.

My contract  was no win no fee basis, there was an out of court settlement and the legal fees were paid directly to the firm from the  perpetrator. I was told his fee would be 10% of the settlement as payment if we won or settled out of court.

[Alice Purjorick]

I have twice  provided a cite there was no CFA in place

Just how does that prove one way or another the case was pro bono?
The Law Society definition as we are dealing with a case under English Law.
Your contention is the case was pro bono, an assertion you have failed signally to demonstrate.

[Mr Gray]

Gerry never said there was....he said there would have been.

Criticising me and you don't understand English....now that is humerous.