| Solicitors negligence is where a
solicitor engaged by a client fails to exercise the skill and knowledge
reasonably to be expected of an ordinary solicitor. A claim for
solicitor’s negligence usually arises where that failure on
behalf of the solicitor results in the client suffering a loss.
Such a claim is also known as a professional negligence suit.
If you think you may have a claim for medical negligence / medical
malpractice / clinical negligence, please contact MSM Solicitors
for a no obligation consultation free of charge.
For further information or to arrange a consultation, please
contact:
Frequently
asked questions
Is there a time limit in
which a must make my claim for solicitors negligence?
Do I have to submit
my claim to the injuries board?
Why do I have to get an
expert expert report?
Why
are solicitor negligence claims treated differently from other compensation
cases (for example road traffic accidents)?
What
compensation or damages am I entitled to if my claim is successful?
Why are the costs so
high in a solicitors negligence case?
Is there a time limit in which a must
make my claim for solicitors negligence?
Time-limit for issuing proceedings in a solicitors negligence case
is six years from the date on which the negligent act occurred.
Do I have to submit my claim to
the injuries board?
No, unlike other claims for compensation arising out of negligence,
a claim for solicitors negligence is not submitted to the injuries
board. Most claims for solicitors negligence are processed either
through the Circuit Court or the High Court depending on the level
of damages anticipated in each case.
If I think I have a solicitor negligence claim what should I do?
It is important that you obtain a copy of your file from your solicitor
as soon as possible. You will need a copy of the file in order to
brief the appropriate independent expert to review your case and
give you an opinion as to whether the solicitor against you are
now alleging negligence was in fact negligent.
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Why do I have to get an expert
expert report?
The High Court has made it very clear that an independent expert
report should be obtained before issuing proceedings for solicitors
negligence. While this is an expense at the very beginning of the
case, it does have the advantage of confirming whether you have
a good case or not. It is better to sustain the cost of an independent
expert report and find out that you have no case at an early stage
rather than to find out that you have no case when you're on the
steps of court having incurred substantial legal costs.
Why are solicitor
negligence claims treated differently from other compensation cases
(for example road traffic accidents)?
1. Solicitor negligence cases are usually more complex :
In a road traffic accident case where the driver of one motor vehicle
is claiming compensation for personal injury from the driver of
another motor vehicle, the first question at the court has to determine
is which party is liable. In such a case liability would be determined
by reference to witnesses to the accident, Garda reports, photographs
of the damage to the vehicles involved, and sketches of the scene
of the accident.
However in a solicitor negligence claim, you first have to show
that the services provided fell below the reasonable standard of
service. You will also have to show that as a direct result of the
negligence of the solicitor, you have suffered a real economic loss.
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2. Expert medical reports must be obtained before commencing any
court proceedings:
Because of the complexity of a solicitor negligence claim, it is
strongly advised that before you issue any court proceedings, you
engage the services of an experienced expert witness, ideally one
who specialises in the same field of law as that of the solicitor
against whom a claim of negligence is now being made. Because the
legal field in Ireland is still quite small, it is usually appropriate
to engage a solicitor from outside the area where the allegedly
negligent solicitor resides/practices.
While this is a big expense at the beginning of the case, it is
useful to have at least an independent opinion from the very beginning
of the case which will indicate whether you have a good chance of
success or not in taking such a case. Naturally it is useful and
saves an enormous amount of time and money in terms of legal bills
if you're able to get an independent opinion before you go to court
confirming whether you have a good case and not.
3. The Plaintiff (person making the claim) has a number of legal
hurdles to overcome in order to succeed in his or her case.
A plaintiff must establish all four elements of the tort of negligence
for a successful solicitor negligence claim.
1. A duty was owed: a legal duty exists because the plaintiff was
a client of the solicitor and the solicitor was hired by the plaintiff
to do certain services for him/her.
2. A duty was breached: the solicitor failed to conform to the relevant
standard care.
3. The breach caused a loss.
4. Damages: Without damages (financial loss), there is no basis
for a claim, regardless of whether the solicitor was negligent.
What compensation
or damages am I entitled to if my claim is successful?
The plaintiff's damages may include compensatory and punitive damages.
In a solicitors negligence case, the court will be strictly concerned
with pure economic or financial loss. Punitive damages (also known
as exemplary damages) are only awarded in the event of wanton and
reckless conduct.
Why are the costs so high
in a solicitors negligence case?
The high legal costs of these cases results firstly, from
the fact that the cases are complex to start with, and secondly,
they tend to take a long time to get to court because of the very
aggressive defence strategies of the solicitor insurance companies.
IF YOU THINK YOU MAY HAVE A CLAIM FOR MEDICAL NEGLIGENCE / MEDICAL
MALPRACTICE / CLINICAL NEGLIGENCE, PLEASE CONTACT JAMES SEYMOUR OR
MATTHEW MOLLOY FOR A NO OBLIGATION CONSULTATION FREE OF CHARGE.
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