Legal fees and costs for civil cases

If you are taking a civil case to court in Ireland, as soon as possible after you have given instructions to your solicitor, they must advise you in writing of the fees you would be charged for their services.

If they cannot give you a definite cost, they must estimate a cost or describe the basis on which charges or fees will be calculated. Generally, a solicitor must wait until you confirm that you accept the charges before providing you with legal services.

Barristers' costs

If your solicitor proposes that you need a barrister to represent you, they must give you an estimate of the barrister’s costs. If you use a barrister, they must provide your solicitor with a detailed estimate in writing of their charges which your solicitor must give you to pay.

Increases in costs

If your legal costs are likely to be a lot more than what was initially set out, your lawyer must give you an updated notice in writing. You can ask for details, including why costs are higher, in a notice from your lawyer. If you ask your lawyer for clarification, they must give you details as soon as reasonably practicable.

Usually, lawyers will wait until your case has ended before they require payment of their fees. However, sometimes fees will be requested in advance, especially in a case where you run a high risk of losing.

Legal fees can consist of the professional fee and miscellaneous charges (for example, phone calls). They can also include charges from third parties who are not directly part of the case such as charges from experts such as doctors in a personal injuries case.

Your lawyer's charges will be based on the:

• Complexity and novelty of the legal matter
• Skill or specialised knowledge needed to deal with the matter
• Time spent on the matter
• Urgency the client gives to the matter and whether priority was given to the matter over other matters
• Circumstances in which the matter was dealt, such as if the lawyer usually works in a particular location
• Number, importance and complexity of the documents prepared or examined
• Amount or value of any transaction involved (such as money or property)
• Any agreement to limit a lawyer’s liability
• Time reasonably spent researching the matter
• Reasonable costs of any expert witnesses used

When the case is concluded, your solicitor and any barrister should give you a detailed statement of all the legal costs associated with your case (“Bill of Costs”).

Bill of Costs

The Bill of Costs must contain:

• A summary of the legal services you received
• Details of all the charges that were incurred and the nature of these charges
• The amount of VAT charged and the lawyer’s VAT number
• If costs are calculated based on time, the number of hours spent on a matter and the rate per hour
• The financial outcome of the case - any damages or other money recovered or payable to you as a result of the case
• If any costs have been paid or must be paid by another party to your lawyer

The Bill of Costs must provide an explanation in writing of how any aspect of the Bill of Costs can be challenged by you.

Generally, lawyers are not allowed to charge you on the basis of a percentage of any award or settlement of your case.

If you are unhappy with your solicitor's or barrister’s bill you have a number of options, see below.

Costs and the outcome of your civil case 

Often if you win your case, most or all of your costs (including legal fees) will be paid for by the other party.

However, you may have to pay all the costs and fees of your own legal team and that of the other party if:

• You lose your case
• You agree to accept an amount less than your full claim
• A court fails to award you your costs or a proportion of them
• The court awards costs against you

It is important to note if you accept the assessment of compensation made by the Injuries Resolution Board, the Board does not award legal costs. Each party is responsible for their own legal costs.

A lawyer's fee must not be excessive for the work done. If you think your lawyer's bill is more expensive than it should be you should contact your solicitor to seek clarification and try to come to an agreement.

You could also have your legal costs independently and impartially assessed by the Office of Legal Costs Adjudicators. This process is called the adjudication of costs. You can find information on the adjudication process on the courts services website.

If you are still not happy, you can make a complaint about excessive costs to the Legal Services Regulatory Authority (LSRA). The LSRA is responsible for the regulation of solicitors and barristers in Ireland. It is independent in the performance of its functions. Find more about making a complaint to the LSRA.

Find out more about taking and appealing a civil case and what happens in court if your civil case is not settled before you go to court.