News and Updates
What To Expect From Your Solicitor
Travellers have legal issues the same as everybody else, and getting legal help can be complicated for everyone. We know that for Travellers it can be particularly hard to find a solicitor to help, particularly who has experience with Traveller discrimination cases.
There are solicitors who are willing to help and represent you. There are important steps to consider from day one to ensure your experience of dealing with a solicitor is a good one.
1. Identifying a Solicitor who will act for Travellers
If you do not know of a solicitor who might take on your case, one option is to get a recommendation from friends or family who have dealt with a solicitor in the past. You can also contact your local Traveller project who may have recommendations, a law clinic like Free Legal Advice Centre (FLAC) or Mercy Law or, you can visit the Law Society ‘Find A Solicitor’ page (linked below) to search for a solicitor in your area.
A solicitor cannot refuse to represent you just because you are a Traveller, but they do get to decide what kind of cases to take. They can refuse to take a case for practical reasons such as a lack of time or expertise in the kind of case you have.
2. Make an appointment to see your solicitor
Once you have the name of a solicitor, you should make an appointment to see them and, if you are happy with them, you can formally “instruct them” - this means officially asking them to represent you. Solicitors can be working around court deadlines and appearances, so it's important to be on time and if you need to cancel or are delayed, let them know as soon as possible. If you can, only bring with you the people related to the case or who are taking the case with you.
3. Prepare for the meeting and bring all relevant paperwork with you.
Before any meeting, and particularly the first meeting, be as prepared as possible. No matter what the legal issue is, you should bring all relevant paperwork with you. If the problem is an accommodation case, you may have letters from the local authority or other relevant bodies and you should bring those letters with you. If it is an injury case, you should bring any correspondence you have from doctors or hospitals. If it’s a discrimination case, bring receipts or evidence you have and if you know anyone who witnessed it, get their contact information and bring that with you.
All solicitors must comply with money laundering regulations when they deal with any client. This means you will need to bring with you your passport or driving license or public services card or some other form of photographic identification. You should also bring with you a recent utility bill or some similar document as proof of your address.
4. Section 150 letter and fees
Your solicitor must give you a letter which is known as “a Section 150 letter”. This sets out the basis upon which their fees will be calculated. These are standard letters that solicitors send to all new clients.
It is not always clear from a Section 150 letter how much instructing a solicitor will cost so, whether you get this letter or not, you should write to your solicitor and ask, “How much is this case likely to cost me – win or lose”. Keep asking for updates on fees as the case progresses.
The solicitor may say they can’t give you an exact figure and that is ok. They should, however, give you a fairly reliable estimate and clearly set out how fees will be calculated, including outlay (payments made by the solicitor on your behalf that you are responsible for paying) and VAT.
If later, you feel you are being charged unfairly or your fees are not made clear to you, first try and resolve this with your solicitor, as under law you are entitled to have a breakdown of the fees.
If the issue doesn’t resolve, you can have your bill reviewed and assessed by a Taxing Master available at (01) 888 6301. Finally, you can make a complaint about excessive costs to the Legal Services Regulatory Authority: www.lsra.ie/for-consumers/making-a-complaint.
5. Always remember, solicitors want business
Solicitors can be intimidating, but like any service provider, you can try to bargain with your solicitor. Whatever amount of money they want up front, you can negotiate with them. If you can’t or don’t want to pay a large retainer at the beginning of a case, suggest a monthly figure you can afford. If they insist on payment up front (which they can), then that can mean they may not have confidence in your case.
Always remember, you are paying the solicitor to work on your behalf. Your solicitor is working for you. Cultivate a courteous, professional working relationship with your solicitor.
6. Get copies of everything
Write to your solicitor after you have received the fee projection letter and say you would like copies of all correspondence passing between your solicitor and the other side and between your solicitor and any barrister or other professional.
Solicitors can be very reluctant to give you copies of correspondence like this, but you are entitled to see everything. You are employing them to work on your behalf.
Make sure you keep good records of your case. It can be useful to have a separate folder with important documents relating to your case and keep that folder safe and up-to-date.
Keep a record of everything from the outset. Every time you ring your solicitor, write down what was said. Every time you send a letter or an email – keep a copy. It’s amazing how hard it can be to remember details.
7. Is your case a good case?
Insist that your solicitor tell you at the beginning of your case why they think it is a good case. Get it in writing. This is very important.
When your solicitor asks for money, you can insist on an itemised bill. If the Section 150 letter says the charge will be linked to the amount of time spent on a case, insist on a copy of the timesheet.
THE BOTTOM LINE - BE COURTEOUS, BE ASSERTIVE AND ALWAYS REMEMBER, YOU ARE THE CLIENT
Checklist:
- Bring a Photo ID to your first meeting. You should also bring with you a recent utility bill or some similar document as proof of your address.
- Bring all the paperwork or evidence you have.
- Get a Section 150 letter (if you go ahead and decide they are representing you).
- Ask for an estimate of the cost.
- Ask to receive all correspondence.
- Get copies of everything and keep them in a folder.
Resources:
TEJP Alternate Resources List: https://www.ucc.ie/en/tejp/clinic/
Law Society Find A Solicitor: https://www.lawsociety.ie/find-a-solicitor/Solicitor-Firm-Search
FLAC: https://www.flac.ie/help/centres/
Mercy Law Resource Centre: https://mercylaw.ie/what-we-do/free-legal-representation/
Law Society Leaflet on Legal Charges (Fees):
https://www.lawsociety.ie/globalassets/documents/public-leaflets/legalcharges.pdf
Many thanks to Kevin Brophy of Brophy Legal Support for writing this article and to Aisling Ryan for her contribution.