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No conditional fee agreements in family matters

Question

In a family matter, with the agreement of my client at the outset, can I charge extra if she is awarded a financial settlement which exceeds her expectations?

Answer

No. This arrangement would constitute a conditional fee agreement which is prohibited in family matters under Section 58A of the Courts and Legal Services Act 1990 (as amended by Section 27 of the Access to Justice Act 1999).

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While every effort has been made to ensure the accuracy of the information provided by the Practice Advice Service, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.

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