What does no win no fee mean in Portugal?
Portuguese law prohibits quota litis. In simple terms, this is an agreement under which the lawyer's entitlement to fees depends entirely on the outcome and the client pays a share of what they recover. Article 106 of the Portuguese Bar Association's Statute sets out this prohibition. Under Article 115, an intentional or negligent breach of a professional duty constitutes a disciplinary offence.
People use this expression to describe different promises: no payment at the start, no lawyer's fee after an unsuccessful claim, or a fee taken from compensation. These are different questions. An agreement can postpone payment without making the entitlement to fees depend on winning.
The Portuguese restriction concerns the substance of the arrangement. The Diário da República explains quota litis and its prohibition in Portugal. A website using familiar English terminology such as “no win no fee solicitors” does not establish which terms apply to your case.
Before signing, ask the provider to identify the person or organisation you are contracting with, the work covered and the rules governing the fee agreement. Distinguish a lawyer's engagement from a claims-management or debt-collection service contract.
Which fee arrangements are possible?
The fee proposal can reflect the work required and your circumstances. Possible arrangements include:
- A fixed fee: an agreed amount for defined work.
- Time-based fees: charges based on the time spent and an agreed rate.
- A base fee plus a success fee: a fee for the work, with an additional amount linked to the outcome.
Payment dates can also be agreed in stages. A later payment date does not, by itself, make a fee dependent on success.
Article 105 requires fees to reflect the services provided, including their difficulty, time and responsibility. Article 106(3) permits an additional success element alongside fees calculated on other criteria.
Can payment wait until I receive money?
Depending on your circumstances, we may agree to delay payment of some or all of our fees until you receive money from your claim. This can include a partial payment.
We set out the terms in writing: which fees are deferred, when they become payable if no money is recovered, and any expenses payable sooner. Deferral changes the payment date. A deferred base fee remains owed even if the claim is unsuccessful.
How does a success fee differ from no win no fee?
ABRS does not use a prohibited no win no fee structure. A mixed arrangement has two separate parts:
- A base fee: calculated for the legal work and payable regardless of the result.
- A success fee: an additional amount payable if the outcome agreed in the fee proposal is achieved.
Accident claims where earning capacity is reduced
If an accident has reduced your ability to earn, we can consider an arrangement in which most of our total legal fee is linked to success. The separate base fee remains payable even if the claim is unsuccessful.
The balance between these components depends on the case and the work required. We assess the terms against the professional rules and set them out in a written proposal. Reduced earning capacity does not create an exception to the prohibition on quota litis.
Here, “most” refers to our legal fee. Your compensation is the money recovered for your losses. The proposal must explain how any percentage is calculated and which expenses are separate.
Article 106(3) distinguishes this additional success fee from prohibited quota litis. It also permits fees agreed in advance by reference to the value of the matter, even as a percentage. The full agreement determines whether the arrangement is permissible.
Agree what counts as success: a settlement, a judgment or money actually received. Confirm what happens with partial recovery, interest and expenses.
What should a written fee proposal explain?
Compare proposals for the same work. An initial document review and representation through a contested court case are different services.
- Scope: does the proposal include advice, negotiation, court proceedings, an appeal or enforcement?
- Base fee: what is payable for the work regardless of the result?
- Payment dates: is payment due at the beginning, by stages or later?
- Additional fee: how is any success element triggered and calculated?
- Separate costs: are taxes, translations, expert reports, travel and court-related expenses included or excluded?
- Unsuccessful or discontinued matters: what would remain payable if the claim fails, settles only partly or is discontinued?
- Changes in scope: what requires a new estimate or your agreement before further work?
Request an explanation in a language you understand. If a proposal includes a percentage, ask for a worked example showing the calculation and the costs left outside it. The example should illustrate the agreement, without suggesting what your claim will recover.
What if the claim concerns an accident or an insurer?
Start by identifying the work for which you need a quote. Reviewing an insurer's offer, negotiating a disputed claim and commencing proceedings can involve different tasks and expenses.
Our English guide to car accident claims in Portugal explains the documents and issues that may be relevant. If the immediate problem is a refusal or delay, see insurance companies not paying after a car accident.
Visitors injured at accommodation can use the guide to hotel slip and fall claims in Portugal to organise questions about the incident before discussing the scope of legal work.
For a more detailed Portuguese-language discussion of charging models, see road accident lawyer fees in Portugal (Portuguese). Any quote should be specific to your matter.
Can foreigners apply for legal aid in Portugal?
Legal aid, known as apoio judiciário, is a separate public system. Depending on eligibility and the support granted, it can cover appointed representation and assistance with court charges. Financial circumstances matter, and the applicable nationality, residence or reciprocity conditions must also be checked. Foreign nationality does not automatically settle eligibility either way.
Consult the official guide to applying for legal aid and the Social Security practical guide to legal protection. Explain where you live and what proceedings are involved when checking your position.
You can also ask an existing insurer whether your policy includes relevant legal-expenses cover, what limits apply and whether approval is needed before incurring costs. Obtain confirmation for the particular dispute rather than assuming cover exists.
What should clients living abroad ask?
Alongside the fee proposal, agree how communication and documents will be handled. Useful questions include:
- Who will be responsible for the matter and communicate with me in English?
- Can meetings take place remotely, and might attendance in Portugal be needed?
- Which documents need translation or certification, and who arranges and pays for it?
- How will I approve additional work and receive invoices?
- How will payment from abroad, currency conversion and bank charges be handled?
These points help make proposals comparable and reduce misunderstandings about the work being commissioned.
Discussing legal fees with ABRS
ABRS's published road accident fees guide (Portuguese) describes a mixed model with a fixed component and an agreed variable component associated with the outcome. That description is not an individual quote or a promise that all fees depend on success.
You may ask whether the firm can assist with your matter and request clarification of the proposed scope, fees and expenses. Contacting the firm does not guarantee acceptance of a case or any particular outcome.
Frequently asked questions
Does no upfront payment mean no win no fee?
No. Payment timing and the conditions under which a fee is owed are different. Ask what becomes payable, when it becomes payable and what happens if the matter is unsuccessful.
What should I ask about a percentage fee?
Ask what amount the percentage applies to, what triggers it, which other fees are payable and how taxes and expenses are treated. Have the complete agreement assessed rather than relying on the percentage alone.
Are expenses included in the lawyer fee?
Check the proposal. Ask for an express list of included and excluded expenses and the procedure for approving additional expenditure.
Can I ask for a quote while living abroad?
You can contact the firm from abroad to discuss whether it can assess your matter. Confirm the documents needed, the language of communication and any charge for the initial assessment.
Sources and review
The legal framework above is based on Articles 105, 106 and 115 of the Portuguese Bar Association Statute, the Diário da República definition of quota litis, and the official legal-aid guidance linked in the relevant sections.
Author: Dra. Anabela Ribeirinho. Last reviewed: 11 October 2026.
This article is for informational purposes only and does not replace the analysis of a specific case by a lawyer.