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How do civil cases generally work?

  • 05-10-2009 1:29pm
    #1
    Thoie
    Registered Users, Registered Users 2 Posts: 6,344 ✭✭✭


    My understanding is as follows, but there are huge gaps in it, can anyone help fill them in?

    • You decide to sue someone (a company or whatnot) Yes
    • You pick a solicitor out of the phonebook/word of mouth Yes
    • You visit the solicitor (or have a phone call?) and explain the issue Yes
    • They agree to take on the case (?) Yes and should indicate fees if asked
    • They'd probably start by writing a letter to the other person stating the situation and asking for a resolution. The solicitor bills you for this immediately? Yes
    • This is where it gets really hazy... No not really
    • Other person refuses, so solicitor starts court proceedings - where? In the court with the appropriate jurisdiction financial or equitable. District court, or is there a separate civil court? No, same court, civil list.
    • A hearing date/time is set - months, years later? Months generally, depends on efficiency of solicitor.
    • Everyone turns up at court and solicitors argue the toss Or it settles, is struck out, or judgment in default
    • Judge decides one person is right/wrong/equal blame and says one person must pay/not pay/split costs. - does the judge include the costs of the solicitor fees as well Generally discretionary, but the expression 'costs follow the event' does usually apply, in fact I think it might be in the rules that a judge must make an order as to costs and that they must follow.
    So, who pays what, and when? Depends, usually you'll agree same with solicitor to discharge pretrial expenses. Rest is trial dependent. If it drags out over months/years do you pay your solicitor every quarter/month, or does it all add up at the end. Say you're suing for €1000, and your solicitor's fees come to €1000 - if you win would it be normal for the judge to tell the other person to pay you €2000, or is it very case dependant? If you don't win, do you pay the other guy money for his solicitor? As mentioned above.

    The forum is not for legal advice. I've given cursory and brief answers to the above. Chat to a solicitor.


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