Suing a solicitor who has ceased practice - no insurance?

Neighsayer

A close relative has a serious issue with her former solicitor. He was messing her around for a few years making promises but not keeping them with the result that 2 cases involving a large fire insurance claim and a property which was compulsorily purchased by the coco haven't been progressed as they should have been and have now been complicated by her ex husband going off grid and being un-contactable. She complained to the Legal services Regulatory Authority [LSRA] but this dragged on for 2 years before they found in her favour and ordered the solicitor to release her files and compensate her. Unfortunately, in the meantime, the solicitor ceased practice and is effectively bankrupt and the subject of a personal insolvency arrangement. She now wants to issue proceedings against the solicitor but is being advised his practice insurance won't cover any legal proceedings issued after he ceased practice. This doesn't seem right to me. Her claim against him relates entirely to his service to her while he was practicing and insured. He was still practicing and insured when she made her complaint to the LSRA. It's like saying I can't claim off someone's car insurance in respect of an accident a few months ago because he didn't renew his insurance last week Can anyone offer any insight into this conundrum.

MikeCairo78

https://www.boards.ie/discussion/2058229626/suing-a-solicitor-who-has-ceased-practice-no-insurance

Solicitors insurance policies are on a claims made basis, ie there has to be a policy in place to respond to a claim when claim is made and not when alleged negligent act occurred.

For situation outlined above, the Law Society of Ireland have a run off fund that provides cover in such situations. There are terms and conditions attaching and as such your best bet is to contact the Law Society of Ireland - I am surprised that the LSRA didnt provide you with the same advice

Neighsayer

https://www.boards.ie/discussion/comment/118534905#Comment_118534905

Thanks. She contacted the Law Society last week and they've referred her to the fund manager and she's waiting to hear from them.