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Professional Negligence Claims Against Solicitors

All Solicitors in Ireland are expected to meet a high standard of professional competence and conduct.  Indeed, the overwhelming majority of Solicitors and other law practitioners work extremely hard to faithfully represent their clients in accordance with the latest law and best practice.  Unfortunately, in some cases, a Solicitor may be found to have acted negligently due to their actions, or failure to act.

Lavelle Partners have assisted many clients over the past 30 years who have suffered loss as a result of the negligence of a Solicitor or law firm they have engaged. 

Solicitor negligence may arise in the following specific contexts:

  • causing your claim to be struck out by the court
  • failing to issue court proceedings within the appropriate limitation period or missing a court deadline
  • failing to draft a will properly
  • failing to administer a deceased’s estate correctly
  • making a mistake when purchasing your home or property
  • losing title documents
  • failing to advise you about planning permission and building regulations
  • failing to honour undertakings to banks or other solicitors
  • making an error in drafting a lease
  • failing to serve a notice on your behalf by a given deadline
  • failing to follow instructions
  • failing to provide the correct legal advice
  • issuing court proceedings against the wrong party
  • failing to account for monies

Should I bring a case/complaint against my Solicitor?

We recognise that many people who encounter problems with their Solicitor may feel unsure of their options or reluctant to complain.  This may be for fear of causing the Solicitor to lose their position or face disciplinary action.  However, by bringing a case/complaint against them, if found to have acted negligently, they will be brought to account for their actions, meaning another client is less likely to be affected by the same misconduct.

What is the role of the Solicitors Disciplinary Tribunal in Ireland?

The Solicitors Disciplinary Tribunal is an independent statutory tribunal appointed to consider complaints of misconduct against solicitors.  It consists of 20 solicitor members and 10 lay members and sits in divisions of three comprising two solicitor members and one lay member.

If the Tribunal believes there is an apparent case of Solicitor misconduct, there will be an inquiry, with oral evidence, conducted by the Tribunal in public.

The outcome of the Tribunal may lead to a solicitor being sanctioned.  In extreme cases, this may include suspension for a period and/or having his/her name struck off the Roll of Solicitors in Ireland. The Tribunal does not adjudicate on whether a Solicitor was negligent or not, that is a matter for the courts.

Why choose Lavelle Partners to assist you with Solicitor negligence?

  • We are a partner-led firm, meaning the partner you meet will manage your case and be available to you if you have any questions.
  • We understand that bringing a complaint against a Solicitor can be stressful.  At all times, our team will act in a respectful, empathetic and professional manner when advising and representing you. 
  • Our Solicitors are approachable, intelligent, and pragmatic.  When it comes to handling Solicitor negligence, we will assess your situation objectively and provide a clear strategy to move your matter forward.
  • All queries will be dealt with in the strictest of confidence.

For further information regarding Solicitor negligence in Ireland, please contact Lavelle Partners in confidence on (01) 644 5800.

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