LEGAL FEES
For most people, fees are among the most important considerations when thinking about taking legal action. So we decided to answer some of your questions regarding legal fees and costs.
How much can I expect to pay for a legal Opinion?
Obtaining Counsel's Opinion is normally the first step in legal proceedings. An "Opinion" is a formal, researched document setting out the strengths and weaknesses of your case, concluding with the barrister's views on whether you have a good case or not. Some cases can take hours to research while others can take weeks. That depends entirely on the complexity of the issues involved. Given this, it is impossible to give a "one size fits all" estimate of the cost of legal Opinions. In general, we find that they tend to range between €500 - €1,200.
We will always ensure you are given a fixed quote for the work before you commit to paying anything. This will be based on our consultation with you regarding your case and requirements.
What about the cost of representation in a court case?
These are much more difficult to predict because court cases can run for years or be settled within days. As well as that, a successful party will normally be entitled to his legal costs from the other party, meaning that you could end up paying nothing at all (or everything, depending on the outcome). Then there are court fees, the amount of which depend on the level of court (District, Circuit, High Court, Court of Appeal or Supreme Court). And finally, there are optional costs, such as engaging Senior Counsel, which are at the discretion of the client.
We, along with your solicitor, will make sure to keep you informed of the costs before they arise at each step of the litigation.
What are court fees? Are they not the same as Counsel's fees?
Litigation requires parties to file numerous documents in the courts office. The precise type and number of documents you need to file depends on the nature of the case. Each filing requires payment of a fee - sometimes referred to as a filing fee or stamping fee - which are collectively called "court fees". They are paid to the courts offices and are used to cover the administrative costs of running the courts service. They are separate from the legal fees paid to solicitors and barristers. A list of the various court fees for the High Court, Court of Appeal and Supreme Court is available here. A list of Circuit Court fees is available here, and District Court fees here.
Is it possible my case is too small to hire a barrister?
We wish we could say that no job is too small, but the reality is that there will be cases which simply do not warrant a barrister because the cost of hiring a barrister would be disproportionate to the benefit. For example, if you have a contractual dispute with a customer who is refusing to pay €300 for goods then it is important to remember that the cost of instructing a barrister is going to be more than the €300 you are looking to claim.
Barristers will not refuse to take on cases for the reason that they are "too small" but you need to make sure it is to your advantage to instruct them.
What exactly do barristers take into account when deciding their fees?
Part 12 of the Bar Council's Code of Conduct lists the things a barrister may take into account in determining the amount of his/her fees. They are:
- the complexity of the issue or subject matter;
- the length and venue of any trial or hearing;
- the amount or value of any claim or subject matter in issue;
- the time within which the work is or was required to be undertaken;
- any other special feature of the case.
Click here to download the full text of the Code.
Does that mean every barrister charges the same fees for the same work?
As with all professionals, fees tend to vary from barrister to barrister - even for the same work. It is important to remember that not every barrister is the same - they are highly specialised professionals who are experts in their respective areas of law. Some barristers may find your work especially complex (because it is not their area of law) while others may find it more straightforward. In fact, some may not be prepared to do that work at all, and may refer you to a different barrister. The level of specialisation and experience of the barrister in question will be a factor in calculating their fees.
What about "no win, no fee" cases?
Advertising on a "no win, no fee" basis is generally discouraged by the legal professional bodies because it implies that you will pay nothing if you don't win. However, since the winner of a case is normally awarded his costs against the losing party, you will probably still need to pay the other party's costs should you lose your case. Your legal team must explain this to you in plain English before agreeing to take your case on a "no win, no fee" basis.
Does Mahmud offer a "no win, no fee" service?
Mahmud does not generally carry out work on a "no win, no fee" basis, but may do so exceptionally depending on the case and the client's financial circumstances.
What is pro bono work? Does Mahmud work on a pro bono basis?
Pro bono work is work done without charging any fees. It is a way for lawyers to give back to the community and help people who may not otherwise be able to afford those services. Mahmud has carried out hundreds of hours of pro bono work, often assisting home owners in mortgage difficulty, and continues to do so.
I have had legal proceedings issued against me. I am confident of successfully defending them but am afraid the other party will not be able to pay my costs if I win. What can I do?
If the other party is an insolvent company then you may be able to apply for something called "security for costs". That will prevent the company from suing you until it lodges an amount of money into court, which will be used to pay your costs if you win. Such orders are much more rare if the other party is a natural person. This is a complex area of law and we encourage you to contact us for more information.