Orpen Franks Solicitors
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Claims Against Solicitors

Professionals can make mistakes and if this occurs it can have serious financial consequences for the individual who has been affected.

Claims involving solicitors can arise in the following circumstances:

– Where a solicitor has allowed a claim to become
statute barred as a result of delay in issuing
proceedings
– Where a solicitor has delayed in progressing a
case and the claim is dismissed by the court
– Where there has been an under settlement of
your claim
– Where crucial witnesses or counsel have not been
briefed
– Where a solicitor has sued the wrong party
– Where a will has been badly drafted or where an
estate has been administered incorrectly
– Where a solicitor has failed to notify a client
regarding planning permission
– Where a solicitor has failed to notify a client
regarding a defect in title

 

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.

If you require further information in relation to a potential claim against a solicitor please contact us:

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

 

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