It is inevitable that at some stage you will need a lawyer. Like every profession or trade, there are good ones and not so good ones. However, ending up with the latter may simply be a matter of choosing the wrong one. But it should not be a case of good luck in finding the best lawyer for you.
This book is intended to help you make an informed choice and get the best lawyer for your particular need.
I use the general term ‘lawyer’ as it is commonly used, even though in Ireland it is technically incorrect. Here we use solicitors and barristers and I distinguish them in their roles within the book. When referring to both of them I use the word ‘lawyer’. A solicitor is your first port of call; they advise clients on legal matters, represent clients in certain lower courts, and prepare cases for barristers to present in the higher courts. A barrister is brought in by a solicitor for cases that go before the higher courts. The thrust of this book will deal with solicitors.
Lawyers are commonly brought in after a problem has arisen and often the client has an expectation that the lawyer will ‘sort it’.
Lawyers are trained and experienced at advising on a variety of legal matters and initiating or defending litigation. They are not magicians, so the client should have realistic expectations of the outcome once the lawyer is on board.
The intervention of a lawyer can bring about a positive outcome or reduce the exposure you might otherwise have, but these are dependent on a whole range of factors. For this reason a (good) lawyer will not make statements like ‘we will win this case’. They can offer their opinion on whether your case is strong or weak, subject to a complete appraisal of the facts.
I hope readers will find this book a useful guide to engaging the services of legal professionals. They are there to help you and if you have a clear understanding of how the system works this should remove any of the unknown factors and enable you work with your lawyer for a common purpose and result.
I would like to thank Dermott Jewell, Chief Executive of the Consumers’ Association of Ireland, for reading this book and writing the foreword. As the book is intended for consumers and corporate markets, his involvement is most appropriate and indeed welcome.
I would also like to acknowledge and thank the Courts Service of Ireland for permission to reproduce Appendix I: The Courts and the Law Society of Ireland for permission to reproduce Appendix III: Periods of Limitation. The Bar Council of Ireland kindly read over the section applicable to barristers – my thanks goes to them too.
The Legal Aid Board and Free Legal Advice Centres (FLAC) were very helpful in providing details of the law centres and legal advice centres they run throughout the country, details of which are included in the Useful Addresses section at the back of this book.
Additionally, Ian Toomey of Ian Toomey and Associates provided very helpful feedback on the views of the SME sector.
I would like to thank Brian Walker, BL for casting his eye over the chapter on alternative dispute resolution and offering helpful comments.
I would also like to thank those other individuals and legal professionals who read through the book and provided feedback. Such assistance proved invaluable.
My use of English was improved by Hannah-Sioux Daly before submission to the publisher. With regard to the latter I would like to thank Gerry O’Connor of Orpen Press and, in particular, I would like to thank my editor, Eileen O’Brien, who was most patient with me and thoroughly professional in her work.
The opinions expressed in this book are entirely my own.
Bart D. Daly
Dublin
2 September 2012