January 29, 2018
January Newsletter From Lavelle Partners
In this months newsletter, we discuss… Data Protection, which is very high on the agenda as it effects both the data your business holds and data businesses hold on you....
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:
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.
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.
For further information regarding Solicitor negligence in Ireland, please contact Lavelle Partners in confidence on (01) 644 5800.
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