4. Provision of information

Before a conditional fee agreement is entered into, a solicitor, a foreign lawyer or a law practice entity must ensure that —

the information specified in paragraph (2) is provided in plain language to the client; and

the client signs and dates an acknowledgment that the client has received and understood the information mentioned in sub‑paragraph (a).

The information mentioned in paragraph (1)(a) is all of the following:

the nature and operation of the conditional fee agreement, including but not limited to the terms of the agreement mentioned in regulation 5;

the client’s right to seek independent legal advice before entering into the conditional fee agreement;

that the uplift fee (if any) is not recoverable from the person mentioned in section 115C(1) of the Act;

that despite the existence of the conditional fee agreement, the client continues to be liable for any costs orders that may be made against the client by a court of justice or an arbitral tribunal (whichever is relevant).

The solicitor, foreign lawyer or law practice entity must ensure that the acknowledgment mentioned in paragraph (1)(b) must be kept together with the conditional fee agreement.

Before a conditional fee agreement is entered into, a solicitor, a foreign lawyer or a law practice entity must ensure that —

the information specified in paragraph (2) is provided in plain language to the client; and

the client signs and dates an acknowledgment that the client has received and understood the information mentioned in sub‑paragraph (a).

The information mentioned in paragraph (1)(a) is all of the following:

the nature and operation of the conditional fee agreement, including but not limited to the terms of the agreement mentioned in regulation 5;

the client’s right to seek independent legal advice before entering into the conditional fee agreement;

that the uplift fee (if any) is not recoverable from the person mentioned in section 115C(1) of the Act;

that despite the existence of the conditional fee agreement, the client continues to be liable for any costs orders that may be made against the client by a court of justice or an arbitral tribunal (whichever is relevant).

The solicitor, foreign lawyer or law practice entity must ensure that the acknowledgment mentioned in paragraph (1)(b) must be kept together with the conditional fee agreement.