Bill Holohan is one of the two authors of “Lawyers Professional Negligence and Insurance”, the definitive and authoritative Irish legal text in this area. He has been to the forefront in advising on both the prosecution and defence of these actions.
Claims can be brought against professionals for allegedly not doing their job properly, and causing a loss to a client.
Three things must be proved for a professional negligence action to be successful:-
· Firstly, it must be shown that a duty of care (obligation) was owed to the wronged party.
· Secondly, it must be determined if this duty of care was breached.
· Thirdly, it must be established that an actual financial loss was suffered as a result of that breach.
Since 2008 and the economic downturn in particular, such cases against professionals have become more common. Professionals can include solicitors, accountants, architects, engineers, surveyors, financial advisors, auctioneers or insurance brokers. Indeed, a professional in the modern world is anyone who accepts a fee for the rendering of an advice-based service. Professional negligence actions can be extremely complex and only an experienced specialist lawyer should be retained to deal with this category of legal matter.
We have extensive experience in advising on both the prosecution and defence of such actions for more than twenty years. This includes litigation of the issues, but can also involve ADR methods and mediation in particular. We have a unique collection of legal experience, insight and know-how, and we act for some of the leading Irish and International insurers. “
