Engaging the services of a solicitor
Generally speaking, it is important to know that for a very complex legal matter you may be better off engaging the services of a firm of solicitors who specialise in that area of law. In other words, do not go to a general practitioner when what you need is a specialist. Bringing your legal matter to a solicitor with whom you have been friends for many years may lead to a bad experience if what you really need is a specialist.
Most prospective litigants think that the more specialist a firm of solicitors is, the more expensive their fees will be. This is not always the case. In fact in some situations the contrary is the case. For instance, where a specialist may take minutes to research and draft the right documents, a general practitioner may take days or weeks to do the same work.
In order to engage the right kind of solicitor, it is prudent to research various firms and ask around before going ahead. Do your research by carrying our background checks on various firms. The more research and enquiries you undertake, the higher your likelihood of securing a competent lawyer for the kind of service you require. If you are with a firm of solicitors already and you are worried that they are not specialist in a particular area, do not be afraid to ask for a referral.
Having said all that, if your matter is quite simple, straightforward and non-contentious, then a general practitioner may be the kind of solicitor you need. Furthermore, a general practitioner may also seek the expertise of a barrister who may represent you in very complex legal matters. If you and your solicitor decide to engage the services of a barrister in your case, the solicitor will send the barrister a brief containing all the relevant information and documents to assist him in the presentation of the case.
Barristers’ rates and fees vary greatly. You should ask your solicitor how much it would cost to engage a barrister to act on your behalf. If you decide to engage the services of a barrister your legal fees are likely to be higher as you will be responsible for paying for the services of your solicitor as well as a barrister. There is no doubt that some cases would require the services of a barrister because of their complexities. But many cases do not require a barrister, so it is important to enquire of your solicitor if engaging a barrister is necessary.
A common misconception is that when a solicitor is required to engage the services of a barrister, the fees to the client will be increased significantly, implying that the barristers’ fee is quite substantial in relation to the solicitors’ fee. This is not always the case as solicitors have higher overheads, ie renting an office, paying employees, professional insurance etc, and therefore their fees are much more significant in relation to barristers’ fees.
When engaging the services of a solicitor, you should insist in advance on how and how often you would like to communicate with them. If you have to wait weeks or months to hear back from your solicitor, it is either you did not relate your expectations well enough, or you have a solicitor too busy to take on your matter. What is your gain if you have the best lawyer in Ireland but he is so busy running high-profile cases that he is unable to devote much or any time to your matter? If this is the case, it means that your matter is going to take more time, and cost more money than necessary to resolve. A sign of a good solicitor is one who takes the time to explain to you what exactly he intends to do to resolve your legal matter.
In dealing with your solicitor, it is important to keep a written account of all interactions you have with him or the solicitors firm. This is particularly important in discussions concerning fees. By documenting your understanding of fee charges or potential settlement discussions along the way, you will ensure a fair and quick resolution of any future disputes that may arise between you and your solicitor.
As you move through each stage, question the things that you do not understand. A good solicitor ought to be able to explain the most complex laws and regulations in a simple and understandable way. Furthermore, a good solicitor will take the time to explain your questions in a proper and timely manner.
Beware of solicitors who say that your case is ‘sure to win’. Contentious matters are rarely black and white. Often there is disagreement, and who will win or lose is difficult to predict. Depending on the case, a prudent solicitor will have to do quite a bit of work before making any kind of assessment on the merits of a case. While your solicitor’s confidence may be reassuring, his actions on your behalf are more important.
Furthermore, your solicitor should advice you, depending on the complexity of your case, whether or not it is worth pursuing. For instance, if a case is not likely to win or if the award you’re likely to get is quite small, it’s important for your solicitor to advice whether it’s worth your while. It is not unheard of for a client to be awarded a sum of money by the courts and to end up owing their solicitor a lot more than the award.
It is also contrary to the Solicitors Amendments Act for your solicitor, in litigating on your behalf, to fail to inform you that you may have to pay the legal costs of your opposing party if you lose your case, or if you are ordered by the court to do so. You may also have to pay the other side’s costs if this is part of a settlement agreement. If you refuse the money paid into court by your opposing party and the court later awards you less money, you may also have to pay the other side’s costs.
Continued next issue
Femi Daniyan is a barrister who practices in the areas of employment, Immigration, professional negligence, probate, succession and family law amongst other areas. He is an advocate on human rights issues affecting minorities. He holds an MA in International Relations from Dublin City University.
