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Conditional Fee Agreements (CFAs) and Damages-Based Agreements (DBAs) in Public Access Cases

Purpose: To consider issues relating to barristers entering conditional fee agreements or damages-based agreements directly with a lay client
Scope of application: Self-employed barristers undertaking work on a public access basis
Issued by: The Direct Access Panel
First reviewed: 01/07/2018
Last reviewed: 01/05/2022
Status and effect: Please see the notice at end of this document. This is not "guidance" for the purposes of the BSB Handbook I6.4.

Introduction – CFAs on Public Access – Basic fee, success and success fee – Types of CFA – Risk of non-payment – Insurance – Damages-based Agreements – DBAs on public access – Draft template CFA

Download: Conditional Fee Agreements (CFA) and Damages-based Agreements (DBA):

Download ( PDF )

Important Notice

This document has been prepared by the Bar Council to assist barristers on matters of professional conduct and ethics. It is not “guidance” for the purposes of the BSB Handbook I6.4, and neither the BSB nor a disciplinary tribunal nor the Legal Ombudsman is bound by any views or advice expressed in it. It does not comprise – and cannot be relied on as giving – legal advice. It has been prepared in good faith, but neither the Bar Council nor any of the individuals responsible for or involved in its preparation accept any responsibility or liability for anything done in reliance on it. For fuller information as to the status and effect of this document, please see here.

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