What is an Uplift Fee – and Why Does It Matter? 

If you are looking for a lawyer on a No Win, No Fee basis, you’ve probably come across the term “uplift fee” in a Cost Agreement.  It can sound technical, but understanding what it means could make a significant difference to the amount you receive at the end of your claim. 

At Brave Legal, we believe that informed clients make better decisions.  That’s why we think it’s important to explain what an uplift fee is, how it works, and why we have chosen not to charge one. 

What is an uplift fee? 

An uplift fee is an additional amount that some law firms are entitled to charge on top of their normal professional fees when a matter is conducted under a conditional (“No Win, No Fee) Cost Agreement and the claim is successful. 

The uplift recognizes that the lawyer has taken on the financial risk of acting for a client without being paid unless the case succeeds.  Under Victorian law, an uplift fee can be up to 25% of the firm’s professional legal costs (although it cannot be charged on barristers’ fees or other disbursements). 

Not every law firm charges an uplift fee.  It is a commercial decision for each firm. 

Why doesn’t Brave Legal charge an uplift fee? 

At Brave Legal, we have made a deliberate decision not to charge uplift fees. 

We believe that if your claim is successful, more of your compensation should stay where it belongs – with you and your family. 

After everything our clients have been through, whether it is a serious injury, medical negligence or the loss of a loved one, compensation is intended to help rebuild lives.  We do not believe that success should automatically result in an additional percentage being added to our legal fees. 

Instead, we charge our standard professional fees in accordance with our Cost Agreement which follows the Supreme Court Scale (a table of fees determined by the Victorian Supreme Court), without any uplift. 

For many clients, this can mean keeping thousands of dollars more from their settlement or judgment. 

Questions you should ask before signing a Cost Agreement 

Choosing a lawyer is about much more than experience and reputation.  It is also important to understand how legal costs will be calculated. 

Before signing any Cost Agreement, consider asking: 

• Does the firm charge an uplift fee? 

• If so, what percentage is charged? 

• How will the uplift affect the amount I receive at the end of my claim? 

• Can you provide an example showing how costs are calculated? 

• Are there any other success-based fees or additional charges I should know about? 

• If my matter settles early, will an uplift still apply? 

• What happens if my claim is unsuccessful? 

A good lawyer should be happy to answer these questions clearly and transparently. 

Understanding the true cost of “No Win, No Fee” 

Many people understandably focus on the words “No Win, No Fee”, but not all No Win, No Fee arrangements are the same. 

The details contained in the Cost Agreement matter.  Understanding whether an uplift fee applies is one of the simplest ways to compare firms and make an informed decision. 

At Brave Legal, we are committed to being transparent about costs from the very beginning.  We want our clients to understand exactly how fees work so there are no surprises later. 

If you have questions about legal costs, or you would like us to explain how our No Win, No Fee arrangement works, we are always happy to have an obligation-free conversation.  We believe that choosing a lawyer should be based on trust, transparency and confidence that your lawyer is genuinely acting in your best interests.