The unfortunate position in Ireland is that it can often be difficult to obtain assistance from a solicitor if you want to sue another solicitor. Unless there is a very clear conflict of interest, we will assist in any way we can in establishing whether or not your solicitor has acted in a negligent manner and if there is a remedy available to you.
We will take cases against solicitors, who have been guilty of:
- Breach of contract
- Breach of fiduciary duty
- Bad advice
- Excessive charging
In addition to the above, we can also assist and advise in cases where a barrister has acted or advised in a negligent manner.
As in any other area of life, there are dishonest solicitors and fraudulent solicitors and if you have suffered at the hand of a dishonest or fraudulent solicitor, we are happy to represent your interest and a claim on your behalf either against the solicitor personally or through the Law Society compensation fund.
Q. If I receive a detailed itemised bill from my solicitor, do I have to pay it?
A. There are strict time limits within which you must challenge a solicitor’s bill otherwise it may be very difficult to challenge it. There are strict obligations on a solicitor to advise a client concerning his charges or the method whereby s/he arrived at her/his charges and if these procedure are not adhered to, you can challenge the bill. If the work was completed but was completed in a negligent manner, you may be entitled to counterclaim against the solicitor. As in many cases, time is of the essence in these cases and it is important that you seek advice as soon as possible. We will meet with you, take detailed instructions and advise whether or not we feel you have a good claim in the shortest time possible.
Q. If I am unhappy with my solicitor’s service or his fee, is it essential that I go to yet another solicitor to get assistance?
A. Not necessarily. If it is a case of overcharging, you are entitled to go direct to the Law Society and they will investigate allegations of overcharging free of charge. If there has been wrongdoing on the solicitor’s part, the Law Society can also look into these allegations but if your claim is that your solicitor acted in a negligent manner, then it would be advisable to seek independent legal advice.
Q. If I want to sue my solicitor, how long will it take and how much will it cost?
A. This very much depends on in which court proceedings issue. Most claims against solicitors would be dealt with in the Circuit Court or High Court and claims can take anything from one year to three years to bring to a conclusion (provided there are no appeals). In relation to fees, fully contested cases can be very expensive but we are generally able to come to some acceptable fee arrangement with our clients and we will certainly try to ensure that a case does not fail because a client is not in a position to pay a normal commercial fee. It should be pointed out that in the event of a successful claim, the bulk if not all of your fee should be discharged by the other side and any payments made by you will be reimbursed to you.