Prison van pulls out in front of car and causes an accident. O'Byrne letter?

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firsttimeted

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Facts:

Guy in prison van being escorted to prison. The prison van pulls out in front of car and causes an accident. The prisoner believes the prison van is at fault. No Garda came to scene. An O'Byrne letter would be required - how would one go about getting details of the car involved in the accident?
Would the Governor of prison give it out?
Is there any point contacting Gardai?
 
Re: question for litigation experts

An O' Byrne letter..are you a solicitor?
 
Re: question for litigation experts

Sorry, who is trying to sue who here ?
 
Re: question for litigation experts

Nice one, sure if ever you don't know the answer, ask on AAM!

Classic.
 
Re: question for litigation experts

well considering I did my traineeship entirely in Conveyancing, i just wanted to double check
 
Re: question for litigation experts

firsttimeted said:
well considering I did my traineeship entirely in Conveyancing, i just wanted to double check
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That's your own fault don't let your current client suffer because of it. If you don't have the knowledge to advise then be honest and let the client go to someone who does.
 
Re: question for litigation experts

dazza21ie said:
That's your own fault don't let your current client suffer because of it. If you don't have the knowledge to advise then be honest and let the client go to someone who does.
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I am sure plenty of professionals seek advice on this board. That is the idea of a forum. I am sure the OP if he is worth his salt would have sought advice from a colleague.
 
Re: question for litigation experts

Trained in Conveyancing and you're now working in Litigation....if you're charging for this service - shouldn't you really do some investigation into previous case files involving this scenario rather than taking the easy way out..??
 
Re: question for litigation experts

Cayne said:
I am sure plenty of professionals seek advice on this board. That is the idea of a forum. I am sure the OP if he is worth his salt would have sought advice from a colleague.
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There is a big difference in seeking advice from a colleague than asking on an anonymous forum.
 
Re: question for litigation experts

We all know that this is a forum where some valuable information can be obtained. The OP asked a question, when has it been enshrined into the posting guidelines that you cant ask a question if you are in the legal profession. Surely you dont think the OP will be solely using advice given on this board??

This is yet another example where people may be afraid to ask or seek advice on this forum for fear of being ridiculed:

dazza21ie said:
If you don't have the knowledge to advise then be honest and let the client go to someone who does.
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bren1916 said:
if you're charging for this service - shouldn't you really do some investigation into previous case files involving this scenario rather than taking the easy way out..??
Click to expand...
 
Re: question for litigation experts

Look it's easy for people to take digs whilst it's not the correct forum for a legal professional to be seen to be asking Q's it happens. Nobody is expected to know everything, professionals included.

I'll say to the OP to ask a colleague or the LS Litigation Committee.
 
Re: question for litigation experts


My main concern is for the OP's client.

What seperates a solicitor from a lay person is that we are expected to either know the answer to the question asked or at least know where to get the answer. If we can't do either then we should really advise the client to go to another solicitor be that someone in the same firm or to another office. If a solicitor gives incorrect advice it is ultimately his/her professional indemnity insurance that takes the hit if the client suffers loss. At present all solicitors in the country are suffering because PI insurance has gone through the roof due to the increase in claims.

Nobody is expected to know everything, that is why solicitors refer to books written by experts, previous caselaw, consult with colleagues or brief counsel to get an accurate answer. While AAM is a very useful resource of information it should not be used as a replacement of the above.
 
Re: question for litigation experts

Getting back to the original question. does anybody have an actually answer?
 
Re: question for litigation experts

I would imagine he wants to send an O'Byrne letter to the prison service and the driver of the car, i.e sue both parties.
 
Re: question for litigation experts

Closed temporarily while the thread is discussed by the moderators.
 
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