There are alternatives to simply going to court and letting your legal team battle things out on your behalf – and you could save money and a whole lot of time into the bargain
LAST WEEK Minister for Justice Alan Shatter was putting the finishing touches to the long-awaited (and Troika-mandated) Legal Services Bill which, among other measures, will provide for an independent dispute system to determine allegations of professional misconduct against those working in the legal system and a new costs adjudication system.
The legal costs adjudicator will decide on disputed bills and set the basis for legal charges and will also set up an independent complaints body with, crucially, a lay majority, replacing the existing disciplinary committees run by the Law Society and the Bar Council.
“It is a good day for the consumer and the legal profession,” Shatter said. “Restrictive practices which inhibit the delivery of legal services are being removed through new business models and anachronistic and unnecessary restrictions derived from regulatory rules which permeate the legal profession are outlawed.”
The Consumers Association of Ireland welcomed the measures which they said would lead to greater transparency and increased competition and consequently lower prices. The so-called sheltered professionals were less impressed, hardly surprising as it is just the latest move aimed at chipping away at their business.
Over the past 10 years, a whole range of alternatives to the pricey legal system have sprung up with the idea of speeding up the resolution process and reducing costs to both consumers, businesses and the State.
Here are just some of them.
ALTERNATIVE DISPUTE RESOLUTION
The use of Alternative Dispute Resolution (ADR) as an alternative to litigation in the courts is increasingly popular and can be extremely cost-effective. Research has shown that mediation can, in some instances, see legal costs fall by up to 85 per cent.
Mediation and conciliation can either be initiated by the parties involved in a dispute or suggested by a court after proceedings have begun, after which proceedings can be adjourned to permit it.
The most well-known example of this happening was in a case involving broadcaster Pat Kenny, his neighbour and a plot of disputed land. After a high-profile court action, the judge suggested the warring parties go off and sort it out amongst themselves, which they duly did.
The process is voluntary so there does need to be a degree of reasonableness on both sides. Not all mediation or conciliation (the difference is based on whether a third party facilitator makes proposals or not) end in a settlement and when they don’t, costs may actually increase as the parties bear the cost of both mediation and litigation.
Of course not all cases are suitable for mediation.Where illegality is alleged or where a significant point of law is involved, the traditional channels are the only ones left open.
In May, the Minister signed the European Communities Mediation Regulations Bill which allows the courts to actively adjourn a court case and order parties to enter into mediation.
“We have seen this happen a lot in the Dublin courts where judges terminate court proceedings and send the parties across the courtyard to reach an agreement through the mediation process,” says Rosie Gallagher of Citywide Consultants Mediators. “Successful mediation cases are then fast-tracked through the courts, often on the same day, reducing court time and expense.
“Mediation is equally as important in family law cases where the cost of going to court may be very high, both on an emotional and financial level, she adds. As a result the family law courts are now in the process of advocating mediation as the least painful and most cost-effective form of dispute resolution.”
THE SMALL CLAIMS COURT
If you feel your rights have been violated and you are in dispute with a person or a business over money or damage to your property – as long as it is for less than €2,000 – the
Small Claims Court is a fast, cheap and simpler way to settle the matter.
Its aim is to provide ways for consumers to resolve disputes without the need to employ a solicitor.
Claims cannot be made for debts, personal injuries or breach of leasing or hire-purchase agreements. The service is provided by your local district court office and you simply complete an application form – available from courts.ie – and send it to the court registrar with a €15 fee.
A copy of the claim is sent by the registrar to the person you are making the claim against and they can either admit to wrongdoing, dispute it, make a counterclaim or ignore it. Whatever they do, they must do it within 15 calendar days.
The Courts Service has published a Guide to Small Claims which can be accessed on the courts.ie website.
THE PRIVATE RESIDENTIAL TENANCIES BOARD
Established in 2004, the Private Residential Tenancies Board (PRTB) provides a dispute resolution process between tenants and
landlords and includes mediation, adjudication and/or a tribunal.
The PRTB dispute resolution service replaces the courts in relation to the majority of landlord and tenant disputes and while its establishment was a welcome development and provided tenants with a degree of legal protection without the need to go to court, it has been heavily criticised for the lengthy delays in resolving disputes. Waiting lists of up to a year are not uncommon. See prtb.ie
THE INJURIES BOARD
The Injuries Board was initially called the Personal Injuries Assessment Board (PIAB) and it was set up to reduce the need for lengthy and extremely expensive court actions in personal injury cases and so reduce the costs for insurance companies and reduce the premiums for the insured public. It has worked. CSO figures from earlier this year show that motor insurance premiums are 30 per cent lower than they were eight years ago. Last year, the Injuries Board presided over compensation payouts totalling €187 million in connection with 8,381 personal injury claimants.
The majority of the awards it makes are related to road collisions. while public liability and workplace accidents typically take up the other two positions in the top three.
Details of how to make applications can be found at injuriesboard.ie.
THE DIY OPTIONS
There is a saying popular in legal circles which suggests that a lawyer who represents himself has a fool for a client. While that can undoubtedly be the case, it is possible for people to look after some of their own legal affairs as long as they don’t have a particularly complicated life.
Drawing up wills, doing probate and arranging separations and divorces (in the most simple of cases where there is a large degree of equanimity), can be done easily enough. The staff at the Courts Service are helpful and will provide all the necessary documentation and a degree of advice – although they do have to be careful as they are not technically allowed to give legal advice.
Templates for wills can be found online – lawyer.ie has a list of dos and don’ts and a template – or they can be bought in large bookshops.
Bear in mind that if there is any complexity, such as a divorce or children from a different relationship, a person should not look after their own will.
Solicitors can charge many thousands of euro for looking after probate but in many cases a person can do it themselves and the Courts Service is very helpful in this regard. Citizensinformation.ie has a wealth of information on the processes of making a probate application to the courts.
When it comes to family law, as long as both parties are willing and able to discuss the situation and come to an agreement that makes the appropriate provisions for everyone connected with the split, then it can be done.
However, in circumstances where there is a lot of bitterness or the balance of power is unequal, then legal intervention is almost certainly a good idea.
THE BEST WILL IN THE WORLD
Only one in three Irish adults have made a will, while only 12 per cent of Irish people have included a charity as a beneficiary in their will, despite the fact that 62 per cent say they would consider leaving a gift to charity.
Legacy donations are an extremely valuable source of unrestricted income to charities.
Irish charities only raise approximately 6 per cent of their income from legacies, which compares to up to 40 per cent in the UK.
Next Monday marks the start of Will in the World Week which is being run by the My Legacy organisation. This umbrella body is made up of 60 Irish charities from the areas of health, children’s issues, overseas development, social issues, human rights, and animal protection, amongst others.
It was established in 2003 to raise public awareness of making a will and leaving charitable bequests.
My Legacy provides unbiased, useful information to individuals, charities and solicitors about leaving legacies to charities.
All the My Legacy member charities are encouraging people to visit a local participating solicitor to have a will drawn up or updated for just €50 and to consider leaving a legacy to their favourite charity in the will.
During the week, people can get professional, impartial advice while also helping a favourite charity after they are gone. The charities are asking for any gift, no matter what the size, as any contribution can make a difference. A list of the participating solicitors can be found on mylegacy.ie
DIY DIVORCE
A JUDICIAL SEPARATION can cost €20,000 to €30,000 in legal costs per partner on average and with property in negative equity and the market dead, family homes can’t be sold to pay lawyers, which is why more and more couples are doing their own legal work. It saves money. Anyone can apply for a divorce without legal representation as long as they meet certain criteria.
They must be separated for at least four years, be certain that there is no possibility of a reconciliation and all financial issues and questions surrounding the family home and custody of children must be resolved to the satisfaction of the courts.
DIY family law sounds complicated – and can be very complicated – but it can still work for some people and there are quite literally dozens of websites set up by companies promising to help people through the maze.
While some such services may offer valuable advice and value for money, people should always be wary of companies touting for business in such circumstances and the first port of call should always be the courts service itself, where staff are always willing to help.
For people wary of the DIY route it is worth investigating whether you are eligible for legal aid. Contact details for local law centres are available on legalaidboard.ie.
Waiting times vary depending on the centre, but they can be lengthy.
It is also worth getting in touch with the Free Legal Advice Centres (flac.ie) organisation, which runs a network of clinics throughout the State that offer confidential advice free of charge.
