FAQ 46

Q46. I have been instructed in an Employment Tribunal case. The solicitor has a contingency (not conditional) fee agreement with the client and would like me to take half of any eventual fee. Can I agree to this?

A46. No. Owing to an anomaly in the Solicitors’ Practice Rules, solicitors are able to take Employment Tribunal work on a contingency fee basis. Barristers may not. Clearly taking half the eventual fee is acting on such a basis. You may agree a conditional fee with the solicitor (i.e. a normal fee with an uplift) but that is all.