What Is No Win No Fee? — US and UK Guide
No win no fee means a lawyer's professional fee depends on a successful outcome, but it does not always mean the client has no financial risk. In the US this is usually a contingency fee. In England and Wales it is usually a Conditional Fee Agreement. The contract, expenses and adverse-cost rules differ materially.
The core idea
A lawyer agrees that some or all professional fees become payable only if the case succeeds. The definition of success, the fee calculation and responsibility for expenses must be stated in the written agreement.
- Ask what counts as a win
- Separate fees from case expenses
- Check whether the percentage changes at filing, trial or appeal
- Ask who bears an opponent's costs
United States: contingency fees
A US contingency fee is normally a percentage of the gross or net recovery. State professional-conduct rules govern the agreement, and some practice areas have statutory fee schedules or approval requirements.
- Confirm whether expenses are deducted before or after the fee
- Check state-specific caps and court-approval rules
- Do not assume every claim may legally use a contingency fee
England and Wales: conditional fee agreements
A CFA makes the solicitor's base costs conditional on success and may add a success fee. Personal-injury deductions are subject to a statutory cap calculated by reference to specified categories of damages, while disbursements, insurance and adverse costs are separate questions.
- Check the success-fee percentage
- Ask how QOCS and Part 36 affect risk
- Check ATE insurance and cancellation terms
How to compare agreements
Compare the amount you keep after every fee, expense, lien, benefit repayment, tax issue and insurance premium—not just the headline percentage. Ask for a worked example using the same hypothetical recovery from each provider.
Frequently Asked Questions
Sources for this page
Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.
- ABA Model Rule 1.5 (Fees)
Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.
- Cornell LII — contingency fee
- Federal Rule of Civil Procedure 54(d) (costs to the prevailing party)
A losing plaintiff may be ordered to pay the defendant's taxable costs. There is no US equivalent of QOCS.
- Courts and Legal Services Act 1990, s.58 (conditional fee agreements)
The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.
- Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013
Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.
- Legal Aid, Sentencing and Punishment of Offenders Act 2012, ss.44–46 · in force from 1 April 2013
Ended recoverability of success fees and ATE premiums from the losing party. Did not create or regulate CFAs.
- Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)
Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.
Who wrote and checked this page
- Written and published by
- Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
- Legal review
- This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
- Review dates
- Last reviewed 2 August 2026. Next review due 2 February 2027.
Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.