Now Ye're Talking - to a Litigation Solicitor

I'm a litigation solicitor, AMA

Gregorym2 wrote: »

can you explain Salomon V Salomon in one sentence?

That's somewhere in the dustbin of bad memories!

Wesser

I feel that when it comes to the softer injuries, such as psychological
Injury or whiplash, it is very difficult to prove that an individual is notyingnor exaggerating their symptoms, and there is no actual Injury visible on an X-ray or scan. While sometimes it is genuine, very often it is exaggerated.This leads us all open to the results of exaggerated or false claims. What is your opinion on this?

I'm a litigation solicitor, AMA

Barr wrote: »

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

Well I haven't read the medical reports to understand or appreciate the injuries suffered by her. I understand that case has been appealed on liability anyway.

I'm a litigation solicitor, AMA

Wesser wrote: »

I feel that when it comes to the softer injuries, such as psychological
Injury or whiplash, it is very difficult to prove that an individual is notyingnor exaggerating their symptoms, and there is no actual Injury visible on an X-ray or scan. While sometimes it is genuine, very often it is exaggerated.This leads us all open to the results of exaggerated or false claims. What is your opinion on this?

I agree to a extent. Soft tissue injuries are subjective but there can be some objective evidence. An MRI scan can show disc displacement or bulging which is often a by-product of a trauma such as a fall or car accident. The persons medical history and attendances can support the claim as well. The doctors will prepare reports and the defendant will have the injured examined by their doctor as well. Somewhere in the middle the sides will meet.

wotswattage

There is a perception in the public that insurance companies are settling out of court for injury claims instead of fighting cases (with the risk of losing and incurring costs), which is leading to people putting in for many bogus or exaggerated claims and getting away with it because it's settled on the steps and never fully investigated.

I can speak for one case where a woman took a case against a former employer of mine and it was settled out of court. She was drunk and fell in the bar. In my opinion the claim was 100% bogus but the insurer felt it too risky to fight so they paid out and the employers premium went up.

Do you think this is a real problem?

mistermint79

mistermint79 wrote: »

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

Sorry , thanks for the reply !!!

XxMCRxBabyxX

How on earth does one survive the FE1s?!

What route did you take to qualify? Did you go straight from degree to FE1s and Blackhall or did you do it another way? Do you think either approach has an advantage?

What would be your advise to an aspiring law student and an aspiring solicitor?

Nekarsulm

Have you ever had a client come to you seeking redress, with such a ludicrous story that you couldn't keep a straight face

Hollister11

Would a Lawyer make a large salary if they own their own firm?

What is the longest day you have worked

Gloomtastic!

I'm a litigation solicitor, AMA wrote: »

This lady would have had the medical evidence to support her injury otherwise the Court would not have ruled for her.

Do you believe a letter from a Doctor, who was paid €150.00 for said letter, stating whatever is medical evidence? Is it not just a medical opinion and therefore arguable or would that be just too much trouble?

(I write that after 3 young pups suddenly developed neck injuries after bumping into my car and took my insurance co. for €60k all on the basis of a letter from a doctor). :mad:

Wesser

Gloomtastic! wrote: »

Do you believe a letter from a Doctor, who was paid €150.00 for said letter, stating whatever is medical evidence? Is it not just a medical opinion and therefore arguable or would that be just too much trouble?

(I write that after 3 young pups suddenly developed neck injuries after bumping into my car and took my insurance co. for €60k all on the basis of a letter from a doctor). :mad:

Yes this my point. They say they have neck pain, so the doctor has to believe them, the doctor cannot say to the patient, you are lying, you cannot see pain on an X-ray or a scan, all the doctor can do is document that the patient says they have pain and put it in a letter. Ridiculous.

Aineoil

Without going into detail, and trying to be as obscure as possible, what was the most bizarre case you have ever witnessed?

I'm a litigation solicitor, AMA

wotswattage wrote: »

There is a perception in the public that insurance companies are settling out of court for injury claims instead of fighting cases (with the risk of losing and incurring costs), which is leading to people putting in for many bogus or exaggerated claims and getting away with it because it's settled on the steps and never fully investigated.

I can speak for one case where a woman took a case against a former employer of mine and it was settled out of court. She was drunk and fell in the bar. In my opinion the claim was 100% bogus but the insurer felt it too risky to fight so they paid out and the employers premium went up.

Do you think this is a real problem?

I am not for moment going to suggest that fraudulent or exaggerated personal injury claims do not exist. Where there are people there will be dishonesty. I have on occasion suspected some clients of mine were exaggerating their injuries. I have never had a case thrown out for that however but the suspicion was there nonetheless. I am of the view that the vast majority of my Plaintiffs are genuine. Accidents happen and people get injured.

Insurance companies and certain ones in particular do fight cases where they suspect fraud and they invest heavily in investigating and gathering evidence to combat it and rightly so. They also invest in PR and creating a notion that premiums have risen because of fraudulent claims when in fact I believe it is from bad investments and poor management of cash reserves on their part.

I'm a litigation solicitor, AMA

XxMCRxBabyxX wrote: »

How on earth does one survive the FE1s?!

What route did you take to qualify? Did you go straight from degree to FE1s and Blackhall or did you do it another way? Do you think either approach has an advantage?

What would be your advise to an aspiring law student and an aspiring solicitor?

They are terrible bloody exams!

I took the scenic route to qualifying so it was a long number of years from school/college before I finally went into Blackhall Place. I suppose there are advantages and disadvantages of either but I think once you qualify and get working you will be fine.

I would say to anyone aspiring to become a solicitor would be to spend time in the Courts - watch and listen and try talking to the lawyers there and try get experience in an legal office. This will really stand to the person.

I'm a litigation solicitor, AMA

Nekarsulm wrote: »

Have you ever had a client come to you seeking redress, with such a ludicrous story that you couldn't keep a straight face

There have been some lets say peculiar stories! However if there is an injury and negligence there is a case.

I'm a litigation solicitor, AMA

Hollister11 wrote: »

Would a Lawyer make a large salary if they own their own firm?

What is the longest day you have worked

Potentially yes. Like any self-employed person there is no limit on earnings. If you are good at what you do, look after your clients and invest in technology and people you will do well.

I'm a litigation solicitor, AMA

Gloomtastic! wrote: »

Do you believe a letter from a Doctor, who was paid €150.00 for said letter, stating whatever is medical evidence? Is it not just a medical opinion and therefore arguable or would that be just too much trouble?

(I write that after 3 young pups suddenly developed neck injuries after bumping into my car and took my insurance co. for €60k all on the basis of a letter from a doctor). :mad:

Medico-legal reports are usually more expense than €150.00! The doctor is the professional and I would at least on face value accept their clinical findings after examination. The defendant (insurance companies) instruct their own doctors to examine the Plaintiff and prepare a report so I suppose the playing field is leveled out somewhat.

I'm a litigation solicitor, AMA

Aineoil wrote: »

Without going into detail, and trying to be as obscure as possible, what was the most bizarre case you have ever witnessed?

It's not so much bizarre cases as bizarre people! Sadly there would be a disproportionate number of people in the criminal justice system that have psychiatric issues and that leaves them open to behaviors that would be considered bizarre and often unlawful. The job can bring you into contact with some very interesting characters.

Nekarsulm

I'm a litigation solicitor, AMA wrote: »

It's not so much bizarre cases as bizarre people! Sadly there would be a disproportionate number of people in the criminal justice system that have psychiatric issues and that leaves them open to behaviors that would be considered bizarre and often unlawful. The job can bring you into contact with some very interesting characters.

I well believe you!
A college was prevailed upon by Social Services to rent a property to a man. They forgot to mention that he was a pyromaniac. After two weeks he removed all the curtains in the house and burned them in the centre of the living room floor. He simply could not explain why such an urge should not be complied with......

Ted_YNWA

Not asking for any names, but is there any judge or opposing solicitors that you dread going up against?

Agent Smith

Notes his Question was ignored :pac:

johnnyskeleton

Agent Smith wrote: »

Notes his Question was ignored :pac:

Probably a dossier on who really shot JR!

OP, do you think the legal services act will have much of an impact on the solicitors' profession?

johnnyskeleton

Barr wrote: »

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

I'm a litigation solicitor, AMA wrote:

Well I haven't read the medical reports to understand or appreciate the injuries suffered by her. I understand that case has been appealed on liability anyway.

Successfully too:

http://www.irishtimes.com/news/crime-and-law/courts/high-court/woman-s-40-000-award-for-airport-escalator-fall-overturned-1.2825131

The flying mouse

Why don't solicitors ever ring you back. ?

stampydmonkey

Do you work in a big firm in a fancy office or small practice with the walls caving in?

Are you still using hardcopy files or is everything paperless?

Is there still gross waste of legal resources and as such costs due to out of date admin practices such as photocopying and filing and duplicate reporting?

Did you work in some other career or in some other facet of law prior to your current role?

How are management at the top to deal with? Are they professional or do they have free reign? Are promotion opportunities fair or is it a boys club?

Is there a lot of pressure to hit targets?

Thanks btw

kupus

What your take on the serial suer thats helping to bring many small businesses to their knees re costs of insurance..
TO clarify Im talking about the small cornershops and not a tesco operation.

Do you see them as a cash cow or a parasite?

The flying mouse

Your very quite for a solicitor, don't think I be getting you..








only messing :-)

Ted_YNWA

Is it a busy court case that is distracting you from this Q&A?

I'm a litigation solicitor, AMA

Ted_YNWA wrote: »

Not asking for any names, but is there any judge or opposing solicitors that you dread going up against?

I wouldn't go as far and say dread but there are certain Judges that might be more inclined towards the State so if you can a case involving a State defendant and one of those Judges is drawn that is a consideration. Some Judges would be known to be more generous or some less so in compensation awards than others so again that can be a consideration when it comes to tactics and advising your client.

It's about knowing a Judge's form.

As a litigator you get to know very well the opposing solicitors and their firms and my own experience would be generally positive in that I would have a good relationship with them but that does not mean you would nor would I compromise my clients interests.

I'm a litigation solicitor, AMA

johnnyskeleton wrote: »

Probably a dossier on who really shot JR!

OP, do you think the legal services act will have much of an impact on the solicitors' profession?

I don't really know enough about it - the little I know is that solicitors can form LTDs which I think is very positive development. That's whether the Act has been commenced yet.