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Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10456
Experience:  Barrister 17 years experience
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A SOLICITOR WAS GIVEN 60,000 TO COMPLETE A PROPERTY DEAL IN

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A SOLICITOR WAS GIVEN 60,000 TO COMPLETE A PROPERTY DEAL IN 2008.THIS HE DID NOT DO AND AFTER GOING OUT OF BUSINESS IN 2012 THE LAW SOCIETY INVESTIGATED HIM AND AS A RESULT WAS TAKEN TO THE HIGH COURT AND WAS STRUCK OFF IN 2014. THE LAW SOCIETY NOW TELL ME THAT MY CLAIM FOR COMPENSATION IS USELESS AS IT IS OUT OF TIME. WHERE DO I STAND.
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 1 year ago.
1. There is a six year time limit for claims in contract to be taken against a solicitor. If you are relying upon civil wrongs, in tort, the time limit is six years. This is probably what the Law Society are referring to when they say that you are out of time. In their view, the claim should have been brought before 2014. However, this approach ignores the fact that the time limit is extended where there has been fraud hiding the fact of a claim, or acknowledgement or acquiesence. An example of fraud, would be where the solicitor told you that he had the money and the deal was being or was completed. An example of acknowledgement would be where the solicitor told you he had the monies and was going to apply them to the deal without delay. An example of acquiesence would be where the solicitor told you that you had a claim against him for the monies. I mention these examples, as I know that in practice recalcitrant solicitors promise clients the world and often pull the wool over their eyes.
Expert:  Buachaill replied 1 year ago.
2. In paragraph 1, the time limit for civil wrongs or tort against a solicitor is 3 years. For some reason the wrong word came out. However, the bot***** *****ne is that I would advise you to set out the facts and what the solicitor promised you and see if the Statute of limitations period can be extended beyond the usual 3/6 years. I would also advise you as a matter of urgency to issue a High Court writ against the solicitor even if you are out of time. The solicitor may personally have assets, including a house. So you should also get legal advice on extending the limitation period from a barrister . However, in the meantime, you should issue the writ anyway. It costs 210 euros, but it might be money well spent if you get your 60k back. The issuing of the writ stops the time limit on the action.
Buachaill, Barrister
Satisfied Customers: 10456
Experience: Barrister 17 years experience
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