On the other hand, If the lawyer’s client has no assets then a conditional fee agreement merely gives legal form to what is a practical reality – the lawyer only gets paid if the client wins. Yet it is accepted as laudable for lawyers to act in such circumstances. There is nothing improper in the lawyer agreeing to act for the client for his normal fee whilst having it in his mind, for reasons of friendship or wishing to foster future work from that client, not to exact his fee if the client should lose. It seems odd that an open contractual statement of what is unobjectionably in a solicitors’ mind should render unenforceable an agreement which would have been enforceable had the solicitor not shared his thoughts with his client and promised not to change his …show more content…
Thereafter the client, before the conclusion of the litigation, becomes financially unable to promise to continue to pay his lawyer even if he loses. It is manifestly undesirable for the lawyer to leave the client in the lurch. A conditional normal fee agreement covering the remainder of the litigation, perhaps the last day of a trial which has run for longer than expected, has much to be said for it. The distinction between waiver at that point and waiver after the conclusion of the case is a nice one. I.e Leave to appeal against the Thai Trading case was refused by the House of Lords. Although in general the mere refusal of leave by the House lends no added authority to a decision of this court, had the Thai Trading case been perceived by their Lordships as permitting something which was illegal and against public policy then it is probably reasonable to suppose that leave would have been