Representation in court

If you are going to court or involved in legal proceedings or litigation, you will probably need legal representation. This is provided by a solicitor and, possibly, a barrister.

You can learn more about getting civil legal aid and advice in Ireland. You can also search the directory of solicitors firms maintained by the Law Society.

To find out if you are eligible for legal aid or advice from the Legal Aid Board, contact your nearest law centre.

You can also contact your nearest Citizens Information Centre for information on FLAC (Free Legal Advice Centres) services in your area.

A solicitor can represent you if you are involved in litigation.

Solicitors also provide services that are not connected with court proceedings. For example, a solicitor may help you to prepare and formalise your will or to buy or sell your home (conveyancing). Solicitors can advertise their services.

You can find out more below in ‘how to find a solicitor’.

When you choose a solicitor, they will

• Take instructions from you as their client
• Carry out the necessary background work on the case
• Give you advice about taking any action
• Get expert or specialist opinion if necessary
• Instruct barristers to take legal action on your behalf if required.
• Prepare the case for the trial.

The solicitor may represent you in court but will usually instruct a barrister to represent you in the higher courts. If they instruct a barrister, they will send the barrister all the relevant information and documentation to assist them in the presentation of the case in court.

You can read more about the role of a solicitor in the Irish justice system.

A barrister (also called ‘counsel’, is a type of lawyer who specialises in court advocacy and giving legal opinions.  They usually represent the client in court.

Barristers generally work from the Law Library and take their instructions from your solicitor in legal proceedings. They are not allowed to act in contentious matters for a client without a solicitor.

There are two levels of barrister junior and senior counsel.

Junior counsel

Junior counsel tend to do most of the paperwork in cases (drafting legal documents) and they often represent clients without a senior counsel in the lower courts (the District Court and the Circuit Court) and in minor applications in the higher courts.

Senior counsel

Senior counsel have greater experience or expertise. They tend to do less drafting of court documents and spend more time giving advice and conducting cases in the higher courts. They typically represent clients in the High Court, the Court of Appeal and the Supreme Court.  If a senior counsel takes your case, they will usually be assisted by a junior counsel.

Find out more about the role of a barrister in the Irish justice system.

You need to be well-prepared to make sure you get the best outcome before you instruct (hire) a solicitor. For example, if you have been involved in an accident that caused personal injury, the solicitor will need to know:

• All the facts surrounding the accident
• All of the injuries you suffered as a result of the accident
• All of the expenses you had that were caused by the accident

Based on the information you can provide, the solicitor may then advise for you to be assessed by another medical professional.

Factual information

If your accident was in the workplace you will need to explain:

• What you were doing at the time of the accident
• Who was in charge when the accident took place
• Who witnessed the accident

If your accident was a road traffic accident, you will need to describe clearly:

• Where you were coming from or going to
• What the weather conditions were like
• What was the sequence of events leading up to the accident
• If you were wearing a seat belt at the time of the accident
• What markings and signs were on the road
• Who was the investigating Garda
• What were the names and addresses of any witnesses

Personal injury details

When describing your injuries, start with your sensations and feelings at the time of and immediately after the accident. Then explain if, when and how you went to hospital.

You will need to:

• Describe all the injuries that you suffered
• Say if your injuries were physical, psychological or emotional
• Describe all your symptoms including sleep-loss and nightmares
• List all of the doctors, hospitals, physiotherapists and counsellors (if any) that you attended after the accident.

If you already had injuries before the accident, you must inform your solicitor of the details. Describe all of the treatments and medications you got as a result of the accident and outline what your doctor thinks might be the long-term effects of your injuries.

Expenses

You will need to keep details of any expenses you incur because of the accident. You should:

• Try to calculate any loss of earnings if you cannot work as a result of your accident.
• Keep a record of medical expenses like medication costs and doctors' bills.
• Include related expenses such as bus and taxi fares if you are unable to drive as a result of the accident.

Other types of claim

You will need similar attention to detail in describing what exactly happened in other types of claims.

In a defamation case, you will need to describe how your reputation or good name has suffered.

In a property case, you will need to give a detailed description of the history of the property in question and how the dispute arose. For example, you may have a boundary dispute with your neighbour.

People normally choose a particular solicitor because:

• They receive a recommendation from somebody they know
• The solicitor's office is in their area, or
• They see an advertisement

Usually, you first telephone for an appointment with a solicitor. In some family situations, you or your spouse or partner may need to consider getting separate legal representation.

The Law Society regulates, represents and provides the education and training for the solicitors' profession in Ireland.

You can search the directory of solicitors firms maintained by the Law Society.