No win no fee or fee for service lawyers in Queensland (2026)

Choosing no win no fee or fee for service comes down to when legal fees are payable. Under a “no win, no fee” (conditional) agreement, some or all fees depend on a successful outcome. In contrast, under fee for service, you pay for the work whatever the result. Queensland’s Legal Profession Act 2007 also sets different rules for each.

Marshall FenechWritten and fact-checked by Marshall Fenech, Editor. Legal rules checked against official Queensland sources on 21 October 2026. How we check facts.

Paying a lawyer by no win no fee or fee for service

Queensland law allows a law practice to charge in different ways. Under s 319 of the Legal Profession Act 2007 (LPA), legal costs are recoverable under a costs agreement. If there is none, they are recoverable under an applicable scale of costs. Otherwise, they are recoverable at the fair and reasonable value of the work.

A costs agreement can be a standard “fee for service” deal, where you pay for work as it is done. Alternatively, it can be a conditional costs agreement under s 323, often called “no win, no fee”. This page looks at no win no fee vs fee for service side by side. For the full fee rules, see our guide to personal injury lawyer fees in Queensland.

No win no fee vs fee for service at a glance

The table sets out how the LPA treats each arrangement. It describes the legal rules only. The right choice depends on your circumstances, and a lawyer can explain the options.

How the Legal Profession Act 2007 (Qld) treats each arrangement. General information only. Checked 21 October 2026.

Feature

No win, no fee (conditional)

Fee for service

When legal fees are payable

Some or all depend on a successful outcome, as defined in the agreement (s 323)

Payable for work done, whatever the outcome (s 319)

Uplift fee

Allowed, but capped at 25% of legal costs in litigious matters (s 324)

Not part of the LPA uplift rules, which apply to conditional agreements

50/50 cap

Applies to speculative personal injury claims (ss 346–347)

The s 346 definition covers only claims where fees depend on success

Disbursements

May be payable whatever the outcome (s 323(3)(b))

Usually payable as they arise under the agreement

Signing and cooling-off

You must sign it, with at least 5 clear business days’ cooling-off (s 323(3))

In writing or with written evidence. You can accept by conduct (s 322)

Costs disclosure

Required above $1,500, and uplift needs extra disclosure (ss 307A–313)

Required above $1,500 (ss 307A–310)

Percentage of payout

Banned (s 325)

Banned (s 325)

Costs assessment

Available, generally within 12 months (s 335)

Available, generally within 12 months (s 335)

How fee for service works

Under fee for service, you pay for legal work whether or not the claim succeeds. That is the core difference in no win no fee vs fee for service. The costs agreement sets the basis for charging. For example, it might use hourly rates or fixed amounts for stages of work.

Detailed disclosure must tell you how often the firm will bill you (s 308(4)(d)). The firm may also give interim bills for part of the work (s 333). In addition, it can take reasonable security for costs (s 320). It can also charge interest on unpaid bills within limits (s 321).

How no win no fee works

Under a conditional agreement, some or all legal costs depend on a successful outcome. The agreement must also define what success means. In addition, you must sign it, and it must use plain language. It must also give you at least 5 clear business days to cool off (LSC: Costs agreement).

Three extra rules apply. First, the agreement may include an uplift fee, which our uplift fee guide explains. Second, the agreement may require you to pay disbursements whatever the outcome (see our disbursements guide). Third, in a speculative personal injury claim, the 50/50 rule caps claim-related costs. Our 50/50 rule guide sets out the formula in detail.

Rules for both no win no fee and fee for service

When you weigh no win no fee vs fee for service, many protections stay the same. For example:

  • the firm must generally disclose costs once legal costs are likely to exceed $1,500, excluding disbursements and GST (LSC: Costs disclosure)
  • you can ask for a written report of costs to date, and the firm can’t charge for it (s 317)
  • you can request a free itemised bill after a lump sum bill (s 332)
  • the Act bans fees calculated from the size of your award or settlement (s 325)
  • you can generally apply for a costs assessment within 12 months (s 335)
  • the Supreme Court or QCAT may set aside an agreement that is not fair or reasonable (s 328)

The other side’s costs under no win no fee or fee for service

One risk is the same under both models. The Legal Services Commission also gives a warning. If your case is unsuccessful, “you may be required to pay the other party’s legal costs”. This can happen even with a “no win, no fee” agreement.

For matters likely to go to court, detailed disclosure must estimate the costs you may recover if you win. It must also estimate the costs you may have to pay if you lose (s 308(4)(f)). Under s 308(7), it must also warn that a costs order in your favour may not cover all your costs.

Comparing no win no fee vs fee for service on cost

The two models shift risk in different ways. Under fee for service, you carry the cost of the work as it happens, whatever the result. Under a conditional agreement, however, the firm carries more of the risk on its fees. In return, it may charge an uplift fee if the claim succeeds.

So, in any no win no fee vs fee for service comparison, neither model is automatically cheaper. The total depends on the work, the rates, any uplift, disbursements and the outcome. That is why it helps to compare written estimates on the same basis.

Questions to ask about no win no fee or fee for service

These questions may help you compare quotes:

  • What is your estimate of total legal costs, or the range and main variables?
  • How often will you bill me, and when is payment due?
  • If the agreement is conditional, how does it define success?
  • Is there an uplift fee? If so, what is the estimate and why is it warranted?
  • Which disbursements are likely, and when do I pay them?
  • What other-party costs could I face if the claim fails?

Why this page doesn’t recommend either model

Queensland restricts advertising of personal injury services. PIPA s 66 applies to any person, not just lawyers. The Act also gives an example of a breach. It is advertising personal injury services on a “no win, no fee” or other speculative basis.

For that reason, this page on no win no fee vs fee for service explains how each arrangement works under the law. It doesn’t suggest which one you should choose, or whether to make a claim. A lawyer can give advice about your own situation.

Frequently asked questions

Under a conditional (“no win, no fee”) agreement, some or all legal fees depend on success. An uplift fee and the 50/50 cap may also apply. Under fee for service, such as hourly billing, you pay for work done whatever the outcome. Both must follow the Legal Profession Act 2007 disclosure and assessment rules.

Not necessarily. The total cost depends on the work done, the rates, any uplift fee, disbursements and the outcome. For example, a conditional agreement may include an uplift fee. In litigious matters, it can be up to 25% of legal costs (LPA s 324). So comparing written estimates on the same basis can help.

The 50/50 rule in s 347 of the Legal Profession Act 2007 applies to speculative personal injury claims. Section 346 defines these as claims where the firm’s right to charge depends on the client’s success. If needed, a lawyer can confirm how the cap applies to your own arrangement.

No. Section 325 of the Legal Profession Act 2007 bans fees worked out from the size of an award or settlement. The only exception is where a scale of costs applies. This ban applies to both conditional and fee-for-service agreements. Note also that the 50/50 rule is a cap, not a percentage fee.

The Legal Profession Act 2007 doesn’t set a specific process for switching. However, a conditional agreement must include a cooling-off period of at least 5 clear business days (s 323(3)(e)). During it, you can end the agreement in writing. Otherwise, ask the firm what its agreement says about changes. You can also get independent advice.

No win no fee or fee for service: two people reviewing a fee agreement in an office

Key takeaways

  • Under a conditional (“no win, no fee”) agreement, some or all legal costs depend on success. The agreement defines success (LPA s 323).
  • Under fee for service, you pay whatever the result. Costs follow the agreement, a scale, or the fair value of the work (s 319).
  • Uplift fees belong to conditional agreements (s 324). Similarly, the 50/50 cap covers speculative personal injury claims (ss 346–347).
  • Both types must follow the costs disclosure rules. Also, you can challenge either through a costs assessment.
  • Neither type lets a firm charge a percentage of your payout (s 325). This page compares the two neutrally and does not recommend either.

Related guides

Sources

This page is general information, not legal advice. How we rank lawyers · Queensland law firm directory.