We are probited from advising you if we operate a No Win Fee Service - however if you phone our office on 1800 22 77 22 we can advise you if we operate this service.
Regulation 9(a)
forbids the inclusion of any words or phrases which suggest that legal services relating to contentious business will be provided at no cost or at a reduced cost ie "no foal no fee", "most cases settle out of court" "insurance cover arranged to cover legal costs". This prohibition is in line with the statutory ban on advertisements which encourage or induce claims for damages for personal injuries. No advertisement can contain cartoons, dramatic or emotive words or pictures, nor can it refer to calamitous events such as a train or bus crash. This regulation also prohibits reference to the solicitor’s willingness to make home or hospital visits. Obviously the willingness of a solicitor to make such visits is laudable, but the advertisement of such services can be (and has been) interpreted as a form of "ambulance chasing" and is therefore prohibited by the regulations pursuant to the general statutory restrictions contained in S.4(2) of the 2002 Act.
Solicitors Charges - How they are calculated
The Solicitors (Advertising) Regulations, 2002 (Statutory Instrument No.518 of 2002) were introduced pursuant to S. 4 of the Solicitors (Amendment) Act 2002, which preserves the right of a solicitor to advertise, but severely restricts personal injuries advertising. The 1996 Solicitors Advertising Regulations (S.I. 351 of 1996) are revoked by Regulation 1 and Regulation 2 defines the terms used in the Regulations. Most of the definitions follow the exact wording of the statutory definitions contained in the 1994 and 2002 Acts.
Regulation 3
provides specifically that solicitors may advertise. Regulation 4(a) re-introduces the general prohibitions contained in the 1996 regulations, ie advertisements which:
• Are likely to bring the profession into disrepute,
• Are in bad taste,
• Reflect unfavourably on other solicitors,
• Assert that a solicitor has specialist knowledge superior to other solicitors,
• Are false or misleading,
• Are contrary to public policy
This section also prohibits for the first time advertising in an "inappropriate location". This is defined in S4.(10) of the 2002 Act as "a hospital, clinic, doctor’s surgery, funeral home, crematorium,or other location of a similar character". These provisions apply to all types of advertising, not just personal injuries advertising.
Regulation (4)(a)(viii) then introduces for the first time a ban on advertisements which refer to claims or possible claims for damages for personal injuries, the outcome of such claims or the provision of services by solicitors in conjunction with such claims. Regulation 4(a) (ix) prohibits advertisements which "solicit, encourage or offer any inducement" to make such claims.
In relation to Solicitors costs for personal injury claims, these are governed by Section 68 of the Solicitors amendment act 1994.
This sets out briefly the basis upon which
our charges will be made.
Solicitors’
charges are generally calculated by reference to the time spent on the matter
in question and the nature of the work concerned.The level of charge will also depend on:
1.The complexity of the matter
2.The urgency of the matter
3.The difficulty or the novelty of the question
raised
4.The skill, labour specialised knowledge, and
responsibility involved.
5.The number and importance of the documents prepared
or examined.
6.The amount or value of the transaction involved.
7.The importance of the matter to you.
8.The time reasonably spent by us on the matter
9.The place, or places and the circumstances in which
the proceedings are pursued.
In addition
to the Solicitors professional fee there may be items of outlay that will have
to be discharged by you.These outlays
may include stamp duty on Court documents, fees payable to Doctors, Engineers,
Surveyors, Paramedics, Barristers, both Senior and Junior Counsel and
Accountants, if necessary.Where V.A.T.
arises it is currently calculated at 21% and such V.A.T. is also your responsibility.
You remain
responsible for the payment of our charges even where you reach a settlement
with the Plaintiff or third party or where they are ordered to pay costs.The amount which the Plaintiff or third party
may agree and/or may be directed to pay will not generally cover our entire
charges.The process of recovering such
costs on your behalf may involve additional costs and outlay.
Insofar as
the costs recovered from the other party are insufficient to discharge your
liability to us for costs, then you will be liable to make up the
shortfall.These costs are known as
Solicitor and Client costs.
You should
bear in mind that in the event of you:-
·Losing, or
·Compromising the case, or
·The Court failing to award you your costs or a
portion of them, or
·The Court awarding costs against you, or
·Being unable to recover your costs due to the
financial status of the other party
You may be
liable to pay the other parties costs as well as your own.
If there is
any aspect of the above which you need to be clarified or if you have any
questions in relation to same, please do not hesitate to contact us.
For further information please contact Dalippe Lalloo – dalippe@LACS.ie
Disclaimer
This information is for guidance purposes only. It does not constitute legal or professional advice. Professional or legal advice should be obtained before taking or refraining from any action as a result of the contents of this publication. No liability is accepted by Lalloo & Company Solicitors for any action taken in reliance on the information contained herein. Any and all information is subject to change
