The Twomey judgment raises a number “personal injury solicitors Dublin” of professional conduct issues which the Law Society, and to a lesser extent the Bar Council, should be investigating as a matter of urgency:
* Are solicitors acting on behalf of clients incurring personal or legal responsibility for the fees and/or expenses of professional or other service providers, such as medical consultants, engaged on behalf of their client?
* Are solicitors taking any steps to verify the veracity of personal injuries claims before they ask their client to sign an affidavit of verification?
* Are solicitors instructing counsel to appeal to a higher court cases thrown out for fraud or lack of evidence, with the intention of forcing a blameless defendant into a settlement?
* Are solicitors contacting defendants who have been exonerated in court with a threat, explicit or implied, to appeal to a higher court if they do not make a cash settlement with the plaintiff?
* Are solicitors transacting ‘referral fees’ or any other form of payment, benefit, gift or emolument with medical professionals in exchange for referring personal injuries cases to them?
* Are solicitors transacting ‘referral fees’ or any other form of payment, benefit, gift or emolument with insurance brokers in exchange for information on potential personal injuries cases?
* Does the Law Society intend to revisit or remove the rule that solicitors may not sue each other for costs, even though such an action would be justifiable where one solicitor may be a party to a fraudulent action by an impecunious plaintiff?