Orpen Franks Solicitors
Three people holding brief cases

Professional Negligence

Our professional negligence team consists of highly experienced solicitors who are regarded as top in their field in Ireland.

Professional negligence claims arise where you have received negligent professional advice which has caused you to incur a monetary loss or possibly a loss of opportunity. We work closely with expert counsel and other professionals in order to successfully pursue professional negligence claims.

Our specialist team provides advice in professional negligence claims against all professionals, including the following:

– Accountants
– Architects
– Barristers
– Brokers
– Engineers
– Financial Advisors / Institutions
– Solicitors
– Surveyors
– Tax advisors

Recent Cases

Client v Solicitor

This case arose following the death of a lady who had directed in her Will that if any of the beneficiaries predeceased her, that the children of the beneficiaries would be entitled to their relevant share of the Will. Contrary to the terms of the Last Will and Testament of the deceased and without lawful authority, the Defendant solicitors distributed the incorrect shares of the proceeds of the residuary estate to individuals who were not entitled to these shares. The claim was based on the fact that our clients suffered a loss in circumstances where they had not received the sum rightfully due to them.

The matter proceeded through the Circuit Court and the Defendant’s insurers represented the interests of the Defendant solicitors. Our professional negligence team acted on behalf of the beneficiaries and successfully settled the matter on very good terms and legal fees were discharged.

Client v Solicitor

This was a difficult professional negligence action where we represented a client who was claiming damages against the Defendant solicitor as a result of his failure to progress her medical negligence case. The medical negligence proceedings were against a consultant gynaecologist where it was claimed that there was negligence in unnecessarily carrying out a bilateral oophorectomy as a consequence of which our client was deprived of having any children and she suffered significant physical and psychiatric problems as a result. In addition she went onto develop early menopause which required extensive hormone replacement therapy and other treatment.

A full defence was delivered by the insurers representing the Defendant solicitor where they fully denied any liability. However Orpen Franks solicitors successfully settled the case for a very significant six figure sum plus costs.

Client v Solicitor

Our professional negligence team represented a client in relation to a case against her former solicitors where the client was claiming damages against the Defendant solicitors as a result of their failure to progress her medical negligence proceedings as against a consultant obstetrician. The medical negligence proceedings alleged that her consultant obstetrician was negligent in relation to the care of our client’s baby and her own care during the course of her labour and delivery of the baby and as a result of which, the baby died a number of days following his birth.

It became clear that in light of the very considerable delay in progressing the medical negligence claim that the case would have been dismissed by the High Court on the grounds of delay. It was this delay which we alleged was negligent on the part of the solicitor who was originally representing our client.

The professional negligence case progressed and ultimately settled for a significant sum plus costs.

Client v Accountant

Our professional negligence team are currently advising hospital consultants in relation to professional negligence against their former accountants arising from allegations of the provision of negligent advice relating to their tax affairs.

If you require any advice in relation to a potential professional negligence action, please contact our specialist professional negligence solicitors who will advise you.

Rachael Liston
Partner
Tel.:+353 1 637 6200
Email: rachael.liston@orpenfranks.ie

Kathrina Bray
Associate Solicitor
Tel.:+353 1 637 6200
Email: Kathrina.bray@orpenfranks.ie