The following is a Code of Conduct for Lawyers Service members practising in the Republic of Ireland. It is implied that any firm in Republic of Ireland that subscribes to Avma’s Lawyers Service will adopt this Code of Conduct.
Membership of the Lawyers Service and compliance with this Code demonstrate that member firms are committed to providing their clients with a quality service. It also shows support for Avma’s charitable aims.
This Code requires that clinical negligence solicitors who are acting for the patient and/or their families will:
- Regularly and actively represent injured patients in clinical negligence claims in the Republic of Ireland. Firms must issue proceedings representing the Claimant/Plaintiff, not the Defendant. Firms must be experienced in the operation, process and procedures of litigating clinical negligence claims within the Irish legal jurisdiction, as well as having full advocacy and practising rights in the Republic of Ireland.
- Be sensitive and supportive of the needs of people affected by medical accidents or negligence; recognise clients’ wider needs in addition to, where appropriate, pursuing litigation or obtaining compensation.
- Work with Avma in seeking improvements to patient safety and access to justice for people affected by medical accidents; share lessons learnt (whilst respecting confidentiality) from the cases they deal with.
- Keep up-to-date with developments in clinical negligence and other relevant areas of law and policy; attend Avma and/or other appropriate clinical negligence training and events and, as far as practical, network and share knowledge and experience with other specialists.
- Be open and honest with clients and potential clients from the start and as the case evolves about their chances of success in legal action.
- Explain any other alternatives to litigation which may be open and appropriate to the client’s circumstances.
- Explain the firm’s charging policies and all means of funding legal work in an open, straightforward and transparent way which they are satisfied their client understands and that is in their best interests.
- At all times put their client or potential client’s interests above any other interest, even if this means advising clients that another solicitor may be better equipped to meet their particular needs.
- Comply with the professional requirements of the Law Society of Ireland and conduct legal work in a professional and timely manner on behalf of their client.
- Maintain the high standards expected of Avma member solicitors and safeguard the reputation of Avma and its members.
- Avoid advertising, marketing, or other activity likely to bring Avma or its members into disrepute.
- Charge reasonable fees, obtain appropriate damages and recovery of costs from the other side for clients when appropriate.