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The question of whether contingency fees should be introduced into Australia is a valid one, as the benefits of contingency fees can be easily balanced against the disadvantages
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It has often been attempted to answer whether or not Australian lawyers should be permitted to charge their clients contingency fees, a system not currently permitted in Australian jurisdictions. It is a system of charging that has long been in existence in the United States and some Canadian provinces to varying extents. It is a system that promotes access to justice, client satisfaction and alignment of interests for both client and solicitor. It also, like any method of fees, has its disadvantages. This essay shall attempt to analyse these advantages and disadvantages and thus answer whether or not the introduction of such fees would be a positive outcome for the Australian legal community. When discussing contingency fees, it is first important to explain exactly what is meant by a contingency fee. For the purposes of this essay, the definition set out by the Australian Senate Standing Committee on Legal and...
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