Biography
I specialise in health and welfare matters in the Court of Protection, Serious Medical Treatment cases and Community Care.
I regularly represent individuals who’ve been assessed as lacking capacity to make decisions where decisions are being made on their behalf. My role is to make sure the person’s rights are upheld and their wishes and feelings are heard. I am an Accredited Legal Representative which means I can be appointed by the court to act on behalf of people who lack capacity to conduct Court of Protection proceedings. I also represent family members involved in the process to put forward their views and seek the best outcome for them and their family member.
I have acted for family members and patients in respect of medical treatment where there is a dispute with the NHS Trust, including cases regarding the withdrawal of life sustaining treatment in both the Court of Protection and Family Court.
I have experience in Mental Health Law and Family Law.
Key highlights
What do you like about working at Irwin Mitchell?
The expertise at Irwin Mitchell is wide ranging and everyone is driven by the same desire to provide our clients with the best representation and to have a legal system which upholds the rights of individuals.
What is the most rewarding aspect of your role?
I am fortunate in that the work we do is very rewarding. The most rewarding aspect of my role is seeing positive change. This could be anything from someone feeling that they have been listened to, to a family being reunited.
What inspired you to get into law?
I was inspired to become a lawyer because of the power it has to change lives. When people are confronted with the law it’s often because they’re facing distressing circumstances. I wanted to be able to make that process easier for people to understand and navigate.
What do you do away from the office?
I practice yoga and enjoy seeing live music.
Publications
Testimonials
"Thank you so much for everything you have done for me. You have saved me in more ways than you know, I really had no idea how I was going to get through this by you supported me through it all... You are such an amazing solicitor and I'm sure you have and will help so many." - Client
"She has been dogged and unwavering in her commitment to the client’s rights and the need to get the court to engage properly with the issue, while at the same time has supported the client in a very sensitive manner. I am quite sure that without her support the client’s mental health would have been worse, and the client’s ability to fight for her rights would have been greatly diminished." - Barrister KC
"I intended to mention Ms Bergin has manifestly formed a good relationship with [P] and has truly enabled her voice to be heard." - High Court Judge in private hearing
"The best thing about you, you are the only one who helped me a lot and my family." - Client's sister
"She was truly exceptional among the many solicitors who have instructed me and it was a great pleasure to work with her on the case. I felt her client was very lucky to have her as their solicitor and know that she made a very great contribution to resolving things as well as possible for them." - Barrister KC
"I was struck as to how professional and knowledgeable Emma was during that meeting. She was very thorough with her questioning with P, but in a very easy manner, which allowed him to relax and talk. P had been sceptical of the process and was not convinced that anything would be achieved by going to Court. Emma was able win him over, set out the whole process and set his expectations, in a very simple way." - RPPR
"Emma has been nothing but an outstanding professional whom has provided support for both myself and my client has been informative and responsive from our initial contact." - RPPR
"Emma is a tenacious solicitor who works hard for her clients. She is willing to take difficult cases, and unafraid to pursue difficult issues for the benefit of her clients." - Barrister
"Thank you so much for everything you have done for me. You have saved me in more ways than you know, I really had no idea how I was going to get through this by you supported me through it all... You are such an amazing solicitor and I'm sure you have and will help so many." - Client feedback
"I intended to mention Ms Bergin has manifestly formed a good relationship with [P] and has truly enabled her voice to be heard." - High Court Judge in private hearing
