Personal injury lawyers generally only accept contingency fee agreements after assessing the benefits of a case, so their risk is minimal, but the potential payment can be enormous. If you have a strong case, you and your lawyer could make a huge compensation. The small risk is worth it. A conditional pricing agreement must be written and must relate specifically to the conditions that affect it. If a conditional pricing agreement is not signed, there may be cases where it is considered legally binding if you wish to challenge any of the clauses in it. Your lawyer should therefore insist that you both sign it as proof that you both agree with his terms. Lord Justice Jackson recommended the introduction of contingency fees in part because he felt it was desirable for the parties to the proceedings to have maximum financing methods, particularly where CFA success fees and ATE insurance premiums can no longer be recovered from the losing party (see «Conditional Pricing Agreements (CFA) / After the Event (ATE) Insurance»). The most obvious benefit to the client is that in the event that the case is lost, they do not have to pay their contingency fees to their lawyer (although, depending on the agreement, there may be other costs such as the legal fees they still have to pay). If the case is won, then, although the client must pay the conditional costs, the court generally orders that his opponent reimburse him for the court tax and at least part of the conditional tax. Sometimes the conditional agreement provides that the client is not obliged to pay the difference if the conditional fee is not fully recovered by the opponent. A lawyer only offers a contingency fee agreement if the agreed fee rate is worth it with the estimate of the chances of success. As a general rule, this means that the levy must be such that in the event of a gain, only part of the royalty is collected by the other party and that the balance of the royalty does come from the damage (compensation) that the customer receives.
The court will only order the other party to pay a normal and reasonable fee, but the lawyer will likely charge a higher tax than the normal fee to reflect the risk of not being paid at all if the case is lost: the difference between the tax collected and the tax collected results from damages and interest.