Now Ye're Talking - to a Litigation Solicitor

Boards.ie: Niamh

Evening all
Our next AMA is with a litigation solicitor which I think lots of people will find interesting. There is always a fascination with the legal profession - or maybe that's me and my unhealthy obsession with police and legal tv dramas :P

Our volunteer's practice is in three main areas

• criminal defence;
• personal injury;
• and medical negligence

so you can focus questions on these areas or the legal profession in general. As always, you can ask anything but the OP is not obliged to answer everything.
Ask away!

ETA: please do not ask for legal advice, giving legal advice is not permitted on the site.

dudara

Welcome!

How long have you been practicing as a solicitor and, in that time, has Ireland become a more litigious society?

NiallBoo

Have you ever felt bad about getting someone off when you knew they were guilty?

Johngoose

Boards.ie: Niamh wrote: »

Evening all
Our next AMA is with a litigation solicitor which I think lots of people will find interesting. There is always a fascination with the legal profession - or maybe that's me and my unhealthy obsession with police and legal tv dramas :P

Our volunteer's practice is in three main areas

• criminal defence;
• personal injury;
• and medical negligence

so you can focus questions on these areas or the legal profession in general. As always, you can ask anything but the OP is not obliged to answer everything.
Ask away!

I'd like to ask about bullying in the workplace.Are there any special circumstances under which the time frame can be extended.I'm aware that mental health can extend the period under which you can sue,right?

I'm a litigation solicitor, AMA

dudara wrote: »

Welcome!

How long have you been practicing as a solicitor and, in that time, has Ireland become a more litigious society?

Hi - I am on the Roll four years - I have been working in legal offices in various capacities ten years now.

I don't particularly think Ireland has gotten more litigious - I would need to refer to the PIAB statistics and Courts Service statistics but from past reading and memory I don't think the number of cases issued have risen in any great way. I think people generally are more aware of their rights and entitlements and avenues for redress.

Medical negligence litigation for instance is very under - litigated when you compare HIQA statistics for adverse events and the number of High Court proceedings that issue each year against the HSE/private clinics for harmful events.

I'm a litigation solicitor, AMA

NiallBoo wrote: »

Have you ever felt bad about getting someone off when you knew they were guilty?

I have yet to have the pleasure!

Majority of my criminal defence work is in District Court and the vast majority plead guilty.

My role is to obtain statements or disclosure from the State/Garda and go over it with the accused and take instructions as to the background/ their personal circumstances if I don't know them already and plead for mitigation (if there is any).

sullivlo

How similar is your workplace to TV solicitors? My reference points are Ally McBeal and Suits.

My aunt was a legal secretary and spent 90% of her time typing up dictated letters. Has the role of legal secretaries changed at all?

If you could change/make one law, what would it be?

What is the biggest problem in our criminal justice system, and how could it be addressed?

Do you get jealous of the judges wearing their wigs in court?

If you were starting over again would you do anything differently?

What's the best part of your job, and what's the hardest part? Do the good days make the bad days worth it?

Do you get nervous before court?

Do your friends and family hit you up for free legal advice, and do you oblige?

Oooh if you saw a family member break the law, what would you do?

If said family member asked you to lie under oath, would you?

If you knew something through professional contacts/through work (such as someone came to your place of work to request advice on something - for example they're doing something illegal) are you obliged to report them? And what if someone you knew was then applying for a job with this person who acts illegally, would you tell the person to avoid?

I think that's all for now. Feel free to ignore any of the moral/ethics questions. I'm just fascinated by it all.

hullaballoo

Any chance of a brief my way? :pac:

I'm a litigation solicitor, AMA

Johngoose wrote: »

I'd like to ask about bullying in the workplace.Are there any special circumstances under which the time frame can be extended.I'm aware that mental health can extend the period under which you can sue,right?

I don't think I can give legal advice here. Niamh might confirm.

I'm a litigation solicitor, AMA

sullivlo wrote: »

How similar is your workplace to TV solicitors? My reference points are Ally McBeal and Suits.

My aunt was a legal secretary and spent 90% of her time typing up dictated letters. Has the role of legal secretaries changed at all?

If you could change/make one law, what would it be?

What is the biggest problem in our criminal justice system, and how could it be addressed?

Do you get jealous of the judges wearing their wigs in court?

If you were starting over again would you do anything differently?

What's the best part of your job, and what's the hardest part? Do the good days make the bad days worth it?

Do you get nervous before court?

Do your friends and family hit you up for free legal advice, and do you oblige?

Oooh if you saw a family member break the law, what would you do?

If said family member asked you to lie under oath, would you?

If you knew something through professional contacts/through work (such as someone came to your place of work to request advice on something - for example they're doing something illegal) are you obliged to report them? And what if someone you knew was then applying for a job with this person who acts illegally, would you tell the person to avoid?

I think that's all for now. Feel free to ignore any of the moral/ethics questions. I'm just fascinated by it all.

Hi -not very similar. I certainly don't have a shiny office overlooking a city!

The traditional role of legal secretaries is just that however many would and should take a more proactive role in files and file progression and client management. It makes for a more fulfilling role and better workplace than just bashing out letters that have been dictated

I'd legalise simple possession of cannabis. Too often I deal with people caught with small amounts of weed and they find themselves before the Court to answer that.

The biggest problem I see in our criminal justice system is money getting wasted. For instance I've attended many special sittings at unsocial hours for bail applications and the caretaker has to be paid to open the court, judge and his/her clerk have to attend, two or three Gardai have to attend with the accused and of course my attendance costs money. Might only be for a simple theft yet all these people are there myself included and its costing a lot of money for little return.

Judges generally don't wear wigs anymore and no jealously of them if they do!

In many ways I'm still starting over so perhaps in five or ten years I will be better able to answer that.

Best part of the job is helping people and getting a result for them or their families which otherwise they would not get. The hardest part is juggling many things and many people at the same time. I'm in a busy practice and there is only so much you can do with the time available but I enjoy that.

I don't get nervous before Court, I'm used to Courts but I generally feel anxiousness in Court but that's a good thing. The trick is to know your client and file well and have your research done beforehand

I regularly get asked for advice from friends/family and I will always oblige or if I don't know the answer I know the people to ask or refer them into. I don't mind that at all

Family member breaking the law - too many variables to answer I'm afraid

The last one again is difficult to answer - too many variables. There are certainly money laundering obligations that apply to solicitors as well as ethical/professional obligations. I'll put it this way - I would never under any circumstance mislead a Court on behalf of a client.

Thanks for the questions!

Boards.ie: Niamh

I'm a litigation solicitor, AMA wrote: »

Johngoose wrote: »

I'd like to ask about bullying in the workplace.Are there any special circumstances under which the time frame can be extended.I'm aware that mental health can extend the period under which you can sue,right?

I don't think I can give legal advice here. Niamh might confirm.

You're correct, no legal advice. I'll update the OP for everyone else's benefit. Thanks.

evolving_doors

hullaballoo wrote: »

Any chance of a brief my way? :pac:

I'll help ya out => And nowwww.... the end is neeeeaarrrr...



Anyhow AMAOP; Whilst in court do you ever have a tune in your head that befits the mood/character . e.g. When a demon judge approaches you hear the Imperial March.

The flying mouse

Hi,
What's your relationship with the prosecution and the Garda ? Does anyone take the cases personally or are is it all just business ?

Would you have a drink or socialise with the other side or is there an other side ?


I remembering hill street blues when the prosecution lady was living/ dating the captain of police station :-)

Labarbapostiza

Have you ever witnessed what you believe to have been a gross miscarriage of justice?

eviltwin

If you could make one change to the legal system what would it be?

I've a child doing law, any things about the job you wish you'd known when you were a student?

Is the profession about who you know and who you went to school with or is that just a myth? Would many legal people be from working class backgrounds?

cyning

Why do you think medical negligence cases are so under litigated?

sullivlo

What's the worst case of medical negligence you've experienced/heard of?

Doctors are required to take out insurance for cases of medical negligence, yes? Is there something similar in place for solicitors whereby they can take out insurance to cover them if they get a client that isn't happy with the outcome?

What % of your cases are settled outside of court?

Do you ever refuse a personal injury claim? And what do you think of the compensation culture in Ireland (recent example being the woman who got 25k for being stuck in a lift for 4 minutes).

Zebrano

How many hours a week do you work

DeVore

What would happen if a client tells you they are guilty but want to plead not guilty and have you defend them?

mistermint79

Boards.ie: Niamh wrote: »

Evening all
Our next AMA is with a litigation solicitor which I think lots of people will find interesting. There is always a fascination with the legal profession - or maybe that's me and my unhealthy obsession with police and legal tv dramas :P

Our volunteer's practice is in three main areas

• criminal defence;
• personal injury;
• and medical negligence

so you can focus questions on these areas or the legal profession in general. As always, you can ask anything but the OP is not obliged to answer everything.
Ask away!

ETA: please do not ask for legal advice, giving legal advice is not permitted on the site.

My mother tripped in a hotel around 3 years ago and received stitches over her eye and was very badly bruised at the time.It was the bar between the dance floor and the tiles which was sticking up off the ground.The hotel has since closed down and her solicitor hasn't been in touch with her in over a year .I don't think he is doing much about it to be honest .Would anyone have any idea if my mother would be entitled to a claim ?She doesn't seem to be bothered as she says claim money is unlucky money .But I personally think she should get so thing for her scar.

Sorry to hear that about your mum. However no legal advice can be given here on the site; please seek independent legal advice on the matter. Thanks

Fox Hound

can you explain Salomon V Salomon in one sentence?

I'm a litigation solicitor, AMA

The flying mouse wrote: »

Hi,
What's your relationship with the prosecution and the Garda ? Does anyone take the cases personally or are is it all just business ?

Would you have a drink or socialise with the other side or is there an other side ?


I remembering hill street blues when the prosecution lady was living/ dating the captain of police station :-)

It's business. I would have a very good relationship with the Gardaí and the barristers instructed by the DPP and the State Solicitor. The Gardaí have always only shown me courtesy and respect in my encounters with them and I would like to think I extend them the same by return. We understand one another's roles and duties and there has never been any issues there. Likewise the barristers on my Circuit I would know too as I would instruct them in other matters.

Agent Smith

Do you have a bedside locker?

If so,

Whats in your bedside locker?

I'm a litigation solicitor, AMA

Labarbapostiza wrote: »

Have you ever witnessed what you believe to have been a gross miscarriage of justice?

No I haven't but I have seen misapplication of the law and there are avenues for that - appeals and judicial review.

I'm a litigation solicitor, AMA

eviltwin wrote: »

If you could make one change to the legal system what would it be?

I've a child doing law, any things about the job you wish you'd known when you were a student?

Is the profession about who you know and who you went to school with or is that just a myth? Would many legal people be from working class backgrounds?

It can be frustrating in the High Court for instance in personal injury work that you know your client's case is listed a particular day and you have to attend and have your witnesses - expert and non expert on standby or perhaps in attendance and the case not to get on and ditto second and third day and then it can happen the case doesn't get reached and adjourned to the next sessions which could be months away. That is expensive and inefficient and troublesome for Plaintiffs - So what I am saying is if I could change something it would be how the Courts Service manage the lists because at the moment it hit and miss.

The legal profession is not a closed shop but certainly if somebody is considering the Bar as opposed to becoming a solicitor then contacts would help in the early years. I certainly had no contacts in the profession before I joined and I built up my contacts and employability through working in various solicitors offices in administrative roles. I am unsure what you mean by working class backgrounds - if somebody has completed the LC and gone on to study the professional exams then they can apply anywhere for traineeship in a solicitors office or devilling under a barrister.

I'm a litigation solicitor, AMA

cyning wrote: »

Why do you think medical negligence cases are so under litigated?

I think that's a good question. I think it stems from ignorance that the harm suffered is actually caused from or materially contributed by the doctor or hospital's failings. It also stems from people not questioning their medical providers or having a sense deference towards the medical profession. I think there is also a reluctance to take on the HSE or other healthcare provider for fear of costs awards which can be quite significant if the person fails in the action.

This is changing however.

I'm a litigation solicitor, AMA

sullivlo wrote: »

What's the worst case of medical negligence you've experienced/heard of?

Doctors are required to take out insurance for cases of medical negligence, yes? Is there something similar in place for solicitors whereby they can take out insurance to cover them if they get a client that isn't happy with the outcome?

What % of your cases are settled outside of court?

Do you ever refuse a personal injury claim? And what do you think of the compensation culture in Ireland (recent example being the woman who got 25k for being stuck in a lift for 4 minutes).

Birth injury cases and cancer delay or misdiagnosis cases are what might be termed the worst type of medical negligence cases that I have worked on.

The State Claims Agency insures doctors/hospitals in the public system and the Medical Protection Society for the private sector. All practising solicitors must take out professional indemnity insurance each year to cover any claims of negligence. The Solicitors Compensation Funds (which we all contribute to) exists for any claims against solicitors that arise from illegal activity such as fraud.

I think about 90 per cent of personal injury cases will settle outside the Court system - as in not having to open or run the case before a Court.

I have certainly advised people that I did not feel their case would be at least stateable - it might be because it is statute barred or their recall of events is questionable or more usually that it would be difficult to prove negligence on the part of the defendant. If I decline to take a case I will always advise them to seek a second opinion from another solicitor.

Re the 25k stuck in the lift case - the problem with the reporting of these cases is that the Court of public opinion will always judge these people by their own standards. Most people I expect would not suffer a recognised psychiatric injury from being stuck in a left however this lady did and you have to take the plaintiff as you find them. This lady would have had the medical evidence to support her injury otherwise the Court would not have ruled for her.

I'm a litigation solicitor, AMA

Zebrano wrote: »

How many hours a week do you work

Typically less then 50 but it can vary. I am pretty good at stitching off. However I can get a call for to attend the Garda station or Court in the evenings/ weekends so that can be disturbing but its part of the course.

Labarbapostiza

I'm a litigation solicitor, AMA wrote: »

I think that's a good question. I think it stems from ignorance that the harm suffered is actually caused from or materially contributed by the doctor or hospital's failings. It also stems from people not questioning their medical providers or having a sense deference towards the medical profession. I think there is also a reluctance to take on the HSE or other healthcare provider for fear of costs awards which can be quite significant if the person fails in the action.

This is changing however.

While I believe there is genuine malpractice, it would be a catastrophe if Ireland became like the US. Malpractice suits in the US have very little to do with genuine malpractice. It's most often when a patient runs out of insurance cover for necessary treatment, they sue their doctors for malpractice. The doctor's malpractice insurance just pays up. The effect is an added burden on health care costs, and it doesn't weed out doctors who are genuinely bad. The general outcome is awful, even the wealthiest US states have higher infant mortality rates than anywhere in Europe, and this is with close to twice the cost of the highest medical spending in Europe.

I'm a litigation solicitor, AMA

DeVore wrote: »

What would happen if a client tells you they are guilty but want to plead not guilty and have you defend them?

That's fine but you cannot tender any evidence to the Court that would in any way advance lies or let the client give evidence to the Court that is false.

At the end of the day its the States job to prove guilt.

Barr

What do you think of this case - how a judge gave her €40k first day is mind boggling.

http://www.independent.ie/irish-news/courts/woman-who-fell-on-escalator-at-dublin-airport-awarded-40k-by-court-31185583.html