More and more people are seeking a lawyer on a "No Cure No Pay" basis because it seems financially attractive: you only pay if you win your case. But how do you find a lawyer who works on this basis? What are your rights, obligations, and the risks? In this article, we explain how you can get legal help without incurring high upfront costs.
What is No Cure No Pay?
"No Cure No Pay" means you only have to pay if the lawyer wins your case or achieves a positive outcome. This model is particularly common in claims for damages, where part of the compensation goes to the lawyer. This is permitted in many countries, but there are restrictions in the Netherlands.
Is No Cure No Pay allowed in the Netherlands?
In the Netherlands, lawyers are generally prohibited from working on a no-cure-no-pay basis. The Dutch Bar Association stipulates that lawyers are prohibited from entering into agreements where their compensation depends entirely on the results achieved. This prohibition is intended to safeguard the independence and due care of lawyers.
Exceptions: Personal Injury and Death Injury Cases
Since 2014, there has been an experiment in which lawyers in personal injury and death claims are allowed to work on a no-cure-no-pay basis under strict conditions. This experiment has been extended and currently runs until 2026. This means that in certain cases, you can find a lawyer willing to work on your case without incurring any direct costs.
When are you eligible for a no cure no pay lawyer?
Not everyone can use a no-cure-no-pay lawyer. The main conditions are:
- Legal Area : No Cure No Pay is primarily permitted in personal injury and death claims. It is not possible in other areas of law, such as employment law or family law.
- No right to subsidized legal aid : If you are eligible for a pro bono lawyer through the government, this option is often considered first.
- High chance of success : Lawyers who work on a No Cure No Pay basis generally only take on cases with a high chance of a positive outcome.
How do you find a No Cure No Pay Lawyer?
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Determine whether your case is suitable
Because No Cure No Pay is primarily permitted in personal injury and death claims, it is important to determine whether your case falls within this category. -
Ask law firms about their working methods
Not all personal injury lawyers work on a no-cure-no-fee basis. Therefore, ask specifically whether this option exists and under what conditions. -
Please read the terms and conditions carefully
Some law firms offer a variation on No Cure No Pay, such as a "results-related fee." This means you always pay a base amount, but the final cost depends on the success of your case. -
Consider alternatives
If No Cure No Pay is not possible, you can look at other options, such as:- Legal expenses insurance : Your insurance may be able to cover the costs.
- Pro Deo lawyer : If you have a low income, you may be eligible for subsidized legal aid.
- Payment in installments : Some lawyers offer the option of paying in installments.
What are the risks of No Cure No Pay?
Although No Cure No Pay sounds attractive, it also carries risks:
- Higher costs if successful : Lawyers who work on this basis often charge a higher percentage of the damages as a fee.
- Limited choice of lawyers : Because not all lawyers are allowed to work this way, it can be difficult to find a suitable lawyer.
- Less control over the case : Lawyers working on a no-cure-no-pay basis have a vested interest in maximizing compensation. This can lead to decisions that are not entirely in your best interests.
Conclusion: Is No Cure No Pay a Good Choice?
No Cure No Pay can be an attractive option if you need legal assistance and don't want to incur any outright costs. However, in the Netherlands, this is only permitted in personal injury and death claims. Therefore, it's important to thoroughly research the options and alternatives so you get the best legal help without unexpected financial risks.
Do you have questions about your situation? Please contact a legal expert or legal aid clinic for advice on your options.
