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 35+ 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.

What our clients say about our professional negligence team

‘I have immediate access to their advices via email/telephone and it’s always friendly and professional. I can rely on their recommendations at all times.’

The Legal 500, 2022

‘The firm listen to the issues, make sure they understand the precise problems and then accurately summarise the situation with suggested remedies. They make you feel comfortable and you don’t feel you are “on the clock”.’

The Legal 500, 2022

‘Expert advice and the priority they gave, in particular their attention to detail.’

The Legal 500, 2022

‘Comprehensiveness, thoroughness, lucidity, candidness and trustworthiness are the main attributes I associate with the Lavelle Partners team based on my experience with them to date. They excel at (a) setting out and contextualising the legal concerns associated with disputed issues, as well as (b) exploring alternative engagement and resolution options, and (c) skillfully advising and expeditiously following-through on appropriately selected courses of action.’

The Legal 500, 2022

‘Ciarán Leavy is the outstanding partner. Ciarán is, without doubt, the best solicitor I have encountered in my 45 years dealing with that profession. He is extraordinarily shrewd and sharp in respect of the pertinent legal issues but he is also exceptionally discerning about the related human and ethical dimensions of those issues as they apply ab initio and in the context of unfolding circumstances. In short, he combines efficiency and effectiveness with thoughtful considerateness, along with being both approachable and an especially clear communicator.’

The Legal 500, 2022

‘Ciarán Leavy gains excellent insight into the matter and is excellent at correspondence such that it gets the point across to the other side and can narrow the issues at hand or move the process forward.’

The Legal 500, 2022

‘Ciaran Leavy stands out as an excellent lawyer who always seems to find a solution no matter what the problem is.’

The Legal 500, 2022

‘Michael Lavelle has great grasp of issues and wealth of practical experience. Exudes confidence.’

The Legal 500, 2022

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