IS YOUR SOLICITOR COMPETENT?

When you employ a solicitor, you are entitled to expect a reasonable standard of care. That standard is accepted to be the standard “expected of a reasonably competent solicitor”.

Your solicitor has to be open, frank and honest with you and to the best of his/her professional ability, must carry out your instructions.

It is not enough for a solicitor to say to you ‘I did the best I could for you’. On the other hand, it is not fair to expect that the solicitor should win the case no matter what the circumstances. However, if a client is expected to pay substantial fees then in return the client is entitled to expect a certain standard of expertise, professionalism and excellence.

Perhaps the biggest problem we experience in dealing with negligence cases against solicitors is where the solicitor is in an absolute state of panic as the case approaches a hearing. Many contested litigation cases can go on for years and it is the unfortunate position that in many cases the solicitor only really becomes heavily involved as the case is coming up to trial. The solicitor’s job is not simply to act as a go between for the solicitor and the barrister. His/her job is to assess the case and advise and bring it to the best conclusion possible for the client.

During the course of the case, you should receive letters referring to any potential weaknesses you have in your case. You should receive correspondence talking about what you need to do to win your case and what proofs, what documentation and what witnesses you will need to win your case. This is not just the barrister’s job, it is also the solicitor’s job and there are many cases where a solicitor will not employ a barrister and will simply run the case himself. In that case you are absolutely entitled to be told what the strengths and weaknesses of your case are.

You are entitled to complain and possibly claim against your solicitor if you believe that the case has been badly handled and if for instance critical witnesses necessary for a hearing have not been called or if evidence has been prepared too late in the day. I have come across cases where inspection of Discovery documents either did not take place at all or only took place at the very last minute when nothing could be done if any problems arose.

If you have a substantial legal action, you are probably going through one of the most stressful periods of your life. You should not be in a state of panic in the weeks or months leading up to a hearing. You should know where you stand. You should know the strengths and weaknesses of your case and you must have faith and trust in your solicitor. If you do not have confidence in your solicitor, you have a problem and you will be criticised if you have expressed a lack of confidence in your solicitor but continue to instruct your solicitor.

Always remember, you are the employer. You are paying the wages. You call the tune.

Kevin Brophy
Brophy Solicitors