In the matter of Robert Sweeney, a solicitor previously practising as Robert Sweeney, First Floor, Crossview House, High Road, Letterkenny, Co Donegal, and in the matter of the Solicitors Acts 1954-2011 [10658/DT189/13 and High Court record 2014 no 131 SA]

Law Society of Ireland (applicant)

Robert Sweeney (respondent solicitor)

On 24 July 2014, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he had:

1)   Allowed a shortfall of client funds in his practice of €168,816, as of 31 May 2012,

2)   Allowed around 90 client ledger debit balances totalling €143,996, as of 31 May 2012,

3)   Allowed undischarged stamp duty to remain in the office account, totalling €1,120,

4)   Allowed further shortfalls on the client ledger client caused by the transfer of excess amounts for fees of €23,700,

5)   Failed to keep books of account in accordance with the requirements of the Solicitors Accounts Regulations,

6)   For purchases completed prior to 31 May 2012, allowed a minimum of 151 cases of unstamped deeds with a minimum of €371,949 of unpaid stamp duty,

7)   Misled the committee at its meeting on 17 October 2012 with regard to the progress that was being made in respect to stamping the 151 unstamped deeds,

8)   Lodged sales deposits to the office account in respect of two sales totalling €19,350, as set out in paragraph 3.4 of the report of 22 November 2012,

9)   Lodged clients’ moneys in the office account, in breach of the regulations, as set out in the investigating accountant’s report of 14 June 2012.

The tribunal ordered that the matter should go forward to the High Court and, on 2 November 2015, in proceedings entitled 2014 no 131 SA, the President of the High Court ordered on consent that:

1)   The name of the respondent solicitor shall be struck from the Roll of Solicitors,

2)   The respondent solicitor pay the costs of the Society before the disciplinary tribunal and the costs of the High Court proceedings, such costs to be taxed in default of agreement.

In the matter of Robert Sweeney, a solicitor previously practising as Robert Sweeney, First Floor, Crossview House, High Road, Letterkenny, Co Donegal, and in the matter of the Solicitors Acts 1954-2011 [10658/DT130/14; 10658/DT27/15; 10658/DT32/15; 10658/DT39/15; High Court record 2015 no 117 SA]

Law Society of Ireland (applicant)

Robert Sweeney (respondent solicitor)

On 30 June 2015, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in four separate referrals from the Society to the disciplinary tribunal as follows:

10658/DT130/14

1)   Allowed a deficit of client funds in the practice of €27,190 as of 31 October 2013,

2)   Allowed a deficit of at least €107,700 of clients’ funds in the practice as of 30 January 2014,

3)   Failed to account to his client for the sum of €25,000 received as a deposit, as set out at paragraph 4.3 and paragraph 5.3 of the investigation report of 19 December 2013,

4)   Misled the Regulation of Practice Committee at its meeting on 22 January 2014 by indicating that the bank draft in relation to the sale deposit had either been lost or mislaid, when it subsequently transpired that same had been lodged to the solicitor’s personal AIB bank account on 12 November 2012,

5)   Misled the Regulation of Practice Committee at its meeting on 22 January 2014 by indicating that the proceeds of a sale were in the solicitor’s client account, when it subsequently transpired that part of the sale moneys, namely a deposit of €43,000 ,had been lodged to the solicitor’s personal AIB bank account on 11 October 2013,

6)   In five different instances, lodged €129,200 of clients’ moneys to the solicitor’s personal bank account. in breach of regulation 4,

7)   Failed to stamp 38 deeds, as set out in appendix 2 of the investigation report of 19 December 2013,

8)   Submitted deeds for stamping with an updated deed, notwithstanding the fact that he was in funds to stamp the deed on closing, as set out in paragraph 5.7 of the investigation report of 19 December 2013,

9)   Used client funds to pay stamp duty penalties, as set out in paragraph 4.4 of the investigation report of 19 December 2013,

10) Failed to provide vouching documentation for a payment of €15,000, as set out in paragraph 4.10 of the investigation report, and subsequently gave an incorrect explanation as to the source of such funds to the Regulation of Practice Committee at its meeting on 22 January 2014,

11) Requisitioned client account cheques for registration fees, but never forwarded the said cheques to the Property Registration Authority and never registered the documentation,

12) Transferred professional fees twice, causing a shortfall in relation to a client purchase file of €785.

10658/DT27/15

1)   Failed to comply in a timely manner or at all with an undertaking dated 31 October 2012 to the complainant in respect of a property at Clondalkin, Dublin 22, owned by a named client,

2)   Failed to comply in a timely manner or at all with an undertaking dated 21 December 2010 to the complainant in respect of a property at Loughlinstown, Co Dublin, owned by named clients,

3)   Failed to respond adequately or at all to correspondence from the complainant in respect of one or more of the above undertakings,

4)   Failed to respond adequately or at all to correspondence from the Society in respect of one or more of the above undertakings.

10658/DT32/15

1)   Failed to comply in a timely manner or at all with an undertaking dated 24 June 2010 to the complainant in respect of his named client,

2)   Failed to respond adequately or at all to correspondence from the complainant in respect of the above,

3)   Failed to respond adequately or at all to correspondence from the Society in respect of the above.

10658/DT39/15

1)   Failed to comply in a timely manner or at all with the following undertakings: undertaking dated 21 June 2010 in relation to property in Menlough, Co Galway, and his named clients (complaint one); undertaking dated 21 October 2009 in respect of property in Bray, Co Wicklow, in respect of named clients (complaint two); undertaking dated 11 June 2010 in relation to property at Kells, Co Meath, and in respect of his named clients (complaint three); undertaking of 1 March 2011 in respect of property in Kinsealy, Co Dublin, and in respect of his named client (complaint four); undertaking dated 21 September 2010 in respect of property at Blackrock, Co Dublin, in respect of his named client (complaint five); undertaking of 2 March 2011 in relation to property at Sallynoggin, Co Dublin, in respect of his named client (complaint six); undertaking of 29 October 2010 in relation to property at the Tenters, Dublin 8, in respect of his named clients (complaint seven); undertaking of 23 March 2011 in relation to property at Trim, Co Meath, in respect of his named client (complaint eight); undertaking of 23 August 2010 in relation to property at Dublin 7 in respect of his named clients (complaint nine),

2)   Failed to respond adequately or at all to correspondence with the Society in respect of one or more of the above undertakings.

The tribunal ordered that the four matters should go forward to the High Court and, on 2 November 2015, in proceedings entitled 2015 no 117 SA, the President of the High Court ordered on consent that:

1)   The name of the respondent solicitor be struck from the Roll of Solicitors, and

2)   The respondent solicitor pay the whole of the costs of the Society, including witnesses’ expenses, to be taxed in default of agreement.

In the matter of Alexander Gibbons, a solicitor formerly practising as Gibbons & Co, 2 Riverside, Kent Street, Clonakilty, Co Cork, and in the matter of the Solicitors Acts 1954-2011 [5839/DT119/12; 5839/DT147/12; 5839/DT172/12; 5839/DT108/13; 5839/DT09/13; 5839/DT10/13; 5839/DT 52/14; High Court record 2015 89 SA]

Law Society of Ireland (applicant)

Alexander Gibbons (respondent solicitor)

On 11 November 2014, the Solicitors Disciplinary Tribunal heard seven complaints against the respondent solicitor and found him guilty of misconduct in his practice as a solicitor, in that he:

5839/DT119/12

Failed to comply, within 21 days of the meeting of the Complaints and Client Relations Committee on 2 June 2011 or at all up to the date of swearing of the affidavit, with the direction of the committee on 4 February 2011 that he make a contribution of €500 towards the Law Society's costs.

5839/DT147/12

1)   Allowed a deficit on his client account of €430,958 as at 31 January 2011, which deficit increased to €557,184 as of 22 July 2011,

2)   Engaged in a process of teeming and lading to conceal the misappropriation of funds from the client account,

3)   Wrongfully withdrew €57,163 from the client bank account between 1 February 2011 and 31 May 2011 and used such funds for his own purposes,

4)   Wrongfully withdrew from the client ledger an amount of €87,063 for his benefit between November 2009 and April 2010,

5)   Lodged €15,372 from the sale of shares belonging to an estate to the office account, thereby creating a credit balance of €15,372 in the office account,

6)   Wrongfully lodged a client cheque for €257,007 to the office account on 5 July 2010 and did not rectify this until 29 October 2010,

7)   Allowed deeds to remain unstamped with a liability of €63,000 and €7,800, which liabilities were on the client ledger,

8)   Concealed the deficiency of €123,434 as of 31 January 2010 from his reporting accountant by transferring funds from two probate ledgers,

9)   Made 11 different withdrawals from the client account between 22 March 2010 and 23 December 2010, mainly in round sum figures, leading to a deficit on the client account in relation to these withdrawals of €102,935,

10) Made three of these withdrawals to pay an employee and two other third-party creditors,

11) Since 31 January 2011, made further payments totalling €57,163 out of the client account, which included payments to four third-party creditors,

12) Took money from the client ledger account of a named client to make further payments to three further third-party creditors,

13) Since the first inspection, created a further debit balance on his own ledger account of €64,000 In the period from 1 December 2011 to 22 July 2012,

14) Since the first inspection, allowed the creation of a further ten debit balances totalling €10,664 as of 22 July 2011.

5839/DT172/12

1)   Failed to comply with an undertaking dated 26 August 2008 furnished to KBC on behalf of named borrowers and the premises in Co Cork in a timely manner or at all,

2)   Failed to attend a meeting of the Complaints and Client Relations Committee on 25 October 2011, despite being required to do so.

5839/DT08/13

1)   Failed to comply with an undertaking dated 29 May 2003 furnished to Bank of Ireland in respect of named borrowers and the premises in Co Cork in a timely manner or at all,

2)   Failed to respond to the Society's correspondence and, in particular, the Society's letters of 18 February 2011 and 14 March 2011 within the time specified, within a timely manner, or at all,

3)   Failed to attend the meeting of the Complaints and Client Relations Committee on 25 October 2011, despite being required to do so by letters dated 10 October 2011 and 18 October 2011.

5839/DT09/13

1)   Failed to comply with an undertaking dated 23 November 2006 furnished to Bank of Ireland in respect of a named client and property at Co Cork in a timely manner or at all,

2)   Failed to reply to the Society's correspondence and, in particular, the Society's correspondence of 21 September 2010 and 27 June 2011 within the time specified, in a timely manner, or at all,

3)   Failed to attend the meeting of the Complaints and Client Relations Committee on 25 October 2011, despite being required to do so by letters dated 10 October 2011 and 18 October 2011.

5839/DT10/13

1)   Failed to comply with an undertaking furnished to Bank of Ireland Mortgages on 18 April 2008 in respect of a named borrower at Co Cork in a timely manner or at all,

2)   Failed to attend the meeting of the Complaints and Client Relations Committee on 25 October 2011, despite being required to do so by letters dated 10 October 2011 and 18 October 2011.

5839/DT52/13

1)   Failed to comply with undertakings listed at paragraph 3 of the Society's affidavit, sworn 28 March 2013, given to the complainants on behalf of named borrowers,

2)   Failed to respond satisfactorily to the Society's correspondence and, in particular, letters of 12 October 2010, 30 November 2010, 5 December 2010, 15 February 2011 and 1 March 2011 within the time specified, in a timely manner ,or at all,

3)   Failed to attend the meeting of the Complaints and Client Relations Committee on 25 October 2011, despite being required to do so by letters dated 10 October 2011 and 18 October 2011.

The tribunal recommended that the matters be sent forward to the High Court and, on 19 October 2015, the High Court ordered that:

1)   The name of the respondent solicitor be struck off the Roll of Solicitors,

2)   The respondent solicitor pay the Society the costs of and incidental to the proceedings and the costs of the Society before the tribunal, including witness expenses, to be taxed in default of agreement.

In the matter of Alexander Gibbons, a solicitor formerly practising as Gibbons & Co, 2 Riverside, Kent Street, Clonakilty, Co Cork, and in the matter of the Solicitors Acts 1954-2011 [5839/DT111/11 and High Court record 2015 89 SA]

Named applicant

Alexander Gibbons (respondent solicitor)

On 10 January 2013, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he:

1)   Misled the applicant from the beginning,

2)   Lied about the terms of the contract,

3)   Dealt with the applicant’s moneys in a completely dishonest manner,

4)   Failed to provide proper title to the properties, having being given more than sufficient moneys to complete the transaction.

The tribunal recommended that the matters be sent forward to the High Court and, on 19 October 2015, the High Court ordered that:

1)   The name of the respondent solicitor be struck off the Roll of Solicitors,

2)   The respondent solicitor pay the Society the costs of and incidental to the proceedings and the costs of the Society before the tribunal, including witness expenses, to be taxed in default of agreement.

In the matter of Alexander Gibbons, a solicitor formerly practising as Gibbons & Co, 2 Riverside, Kent Street, Clonakilty, Co Cork, and in the matter of the Solicitors Acts 1954-2011 [5839/DT112/11 and High Court record 2015 89 SA]

Named applicant

Alexander Gibbons (respondent solicitor)

On 10 January 2013, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he failed to disclose the true terms of the contract so as to conceal his own dishonest dealings.

The tribunal recommended that the matters be sent forward to the High Court and, on 19 October 2015, the High Court ordered that:

1)   The name of the respondent solicitor be struck off the Roll of Solicitors,

2)   The respondent solicitor pay the Society the costs of and incidental to the proceedings and the costs of the Society before the tribunal, including witness expenses, to be taxed in default of agreement.

In the matter of Elizabeth M Cazabon, a solicitor of Cazabon Solicitors, Gray Office Park, Galway Retail Park, Headford, Co Galway, and in the matter of the Solicitors Acts 1954-2011 [8142/DT05/14, 8142/DT22/14, 8142/DT30/14, 8142/DT78/14, 8142/DT45/14 and High Court record 2015 no 63 sa]

Law Society of Ireland (applicant)

Elizabeth Cazabon (respondent solicitor)

On 14 April 2015, the Solicitors Disciplinary Tribunal heard five complaints against the respondent solicitor and found her guilty of misconduct in her practice as a solicitor in the following matters:

8142/DT05/14

1)   Failed to comply with three undertakings furnished to the complainant on 8 August 2002, 29 November 2004, and 28 April 2005 in respect of a named property in Galway and her client and borrower in a timely manner or at all,

2)   Failed to respond to the Society’s correspondence and, in particular, the Society’s letters to her of 8 November 2012, 29 November 2012, 4 January 2013, 22 January 2013, 12 February 2013, and 20 February 2013 within the time provided in a timely manner or at all,

3)   Failed to comply with the direction of the Complaints and Client Relations Committee at its meeting on 19 February 2013 that she pay a contribution of €500 towards the costs of the Society.

8142/DT22/14

1)   Failed to ensure that there was furnished to the Society an accountant’s report for the year ended 31 March 2013 within six months of that date, in breach of regulation 21(1) of the Solicitors Accounts Regulations 2001 (SI 421/2001),

2)   Through her conduct, showed disregard for her statutory obligation to comply with the Solicitors Accounts Regulations and showed disregard for the Society’s statutory obligation to monitor compliance with the regulations for the protection of clients and the public.

8142/DT30/14

1)   Failed to comply with an undertaking furnished to the complainants on 22 January 2007 in respect of a property at Tuam, Co Galway, and her clients and borrowers in a timely manner or at all,

2)   Failed to respond to the Society’s correspondence and, in particular, the Society’s letters of 12 May 2013, 19 April 2013, 2 May 2013, 22 May 2013, 5 June 2013, 9 July 2013 and 25 October 2013 in a timely manner, within the time prescribed in the letter, or at all.

8142/DT78/14

1)   Failed to respond to her client’s request for information in connection with the registration of lands transferred to him some years previously,

2)   Failed to respond to the Society’s correspondence and, in particular, the Society’s letters of 10 July 2013, 1 August 2013, 28 August 2013, 26 September 2013, 31 October 2013, 19 November 2013, and 17 December 2013 in a timely manner, within the time provided, or at all,

3)   Failed to comply with the direction made by the Complaints and Client Relations Committee at their meeting of 12 December 2013 that she pay a contribution of €500 towards the Society’s costs,

4)   Failed to comply with the direction of the Complaints and Client Relations Committee made at its meeting of 17 December 2013 that she furnish a full written response to the complainant no later than 31 January 2014,

5)   Failed to attend the meeting of the Complaints and Client Relations Committee on 27 February 2014, despite being required to do so.

8142/DT45/14

1)   Failed to hand over her former clients’ files to the complainant, their new solicitor, despite being requested to do so, in a timely manner or at all,

2)   Failed to respond to the Society’s correspondence and, in particular, the Society’s letters of 11 October 2011, 6 December 2011, 3 January 2012, 13 January 2012, 23 February 2012, and 18 September 2012 in a timely manner, within the time provided in those letters, or at all.

Having made findings of misconduct in respect of the five matters, the tribunal referred the matter forward to the High Court and, on 20 July 2015, the President of the High Court ordered that:

1)   The name of the respondent solicitor shall be struck from the Roll of Solicitors,

2)   The Society do recover the costs of the proceedings in the High Court and the costs of the proceedings before the disciplinary tribunal, to be taxed by a taxing master of the High Court in default of agreement.

In the matter of Peter Kenny, a solicitor formerly practising as Kenny Associates, College Street, Carlow, Co Carlow, and in the matter of the Solicitors Acts 1954-2011 [8864/DT109/14 and High Court record 2015 no 70 SA]

Law Society of Ireland (applicant)

Peter Kenny (respondent solicitor)

On 4 March 2015, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he:

1)   Caused or allowed a deficit on the client account totalling €369,460 as at 18 October 2013,

2)   Breached regulation (7)(1)(a) of the Solicitors Accounts Regulations, as amended, by creating debit balances of €124,665.36 as at 18 October 2013,

3)   Breached regulation 7(1) of the Solicitors Accounts Regulations by withdrawing moneys on account of fees without the consent of the client,

4)   Breached regulation 11 of the Solicitors Accounts Regulations by failing to furnish bills of costs to clients and by the withdrawal of moneys not due to the respondent solicitor,

5)   Breached regulation 10(5) of the Solicitors Accounts Regulations by the creation of credit balances on the office account of €274,042 as at 18 October 2013,

6)   Breached regulation 12 of the Solicitors Accounts Regulations by the failure to maintain such relevant supporting documents that could vouch moneys taken as solicitor/client fees,

7)   Breached regulation 12 of the Solicitors Accounts Regulations, in that the client ledger listing did not properly detail the full liabilities to clients because of the entries made for fee notes that had not been delivered to the client or agreed with them,

8)   Had substantial noncompliance with section 68 of the Solicitors (Amendment) Act 1994, in that clients were not informed of the party-and-party costs recovered, nor were they given full account details of all moneys spent on their behalf.

The tribunal ordered that the matter go forward to the High Court and, on 20 July 2015, the President of the High Court ordered that:

1)   The name of the respondent solicitor shall be struck from the Roll of Solicitors,

2)   The Society do recover the costs of the High Court proceedings and the costs of the proceedings before the Solicitors Disciplinary Tribunal as against the respondent when taxed or ascertained.

In the matter of Peter Kenny, a solicitor formerly practising as Kenny Associates, College Street, Carlow, Co Carlow, and in the matter of the Solicitors Acts 1954-2011 [8864/DT61/14 and High Court record 2015 no 71 SA]

Law Society of Ireland (applicant)

Peter Kenny (respondent solicitor)

On 4 March 2015, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he:

1)   Failed expeditiously, within a reasonable time, or at all to discharge fees properly due to the complainant in respect of his work carried out on behalf of the respondent solicitor’s former named clients,

2)   Improperly transferred fees and outlays received from third-party solicitors from the client account, which were properly due to the complainant, to the respondent solicitor’s office account,

3)   Failed to reply adequately or at all to the Society’s correspondence and, in particular, letters dated 17 December 2013, 14 January 2014, 31 January 2014, 7 February 2014 and 10 March 2014 respectively.

The tribunal ordered that the matter go forward to the High Court and, on 20 July 2015, the President of the High Court ordered that:

1)   The name of the respondent solicitor shall be struck from the Roll of Solicitors,

2)   The respondent solicitor pay the sum of €4,600 to the complainant,

3)   The Society recover the costs of the High Court proceedings and the costs of the proceedings before the Solicitors Disciplinary Tribunal as against the respondent when taxed or ascertained.

In the matter of Raymond St John O’Neill, a solicitor practising under the style and title of Raymond St J O’Neill & Co, 27/29 Washington Street, Cork, and in the matter of the Solicitors Acts 1954-2011 [3138/DT143/11; 3138/DT58/14; High Court record 2015 no 61 SA]

Law Society of Ireland (applicant)

Raymond St John O’Neill (respondent solicitor)

On 4 November 2014, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he:

1)   Caused or allowed fees to be transferred to the office account in respect of named client matters other than as authorised by the regulations and, in particular, regulations 11 and 7(1)(a)(iii),

2)   Caused or allowed the misapplication of stamp duty funds in the client matter of a named client in the amount of €11,800, including the transfer of in or about €2,965 to the office ledger,

3)   Caused or allowed the transfer of €5,917 from the client ledger of a named client to clear a debit balance on the ledger account of a named client, in breach of regulation 9,

4)   Caused or allowed the transfer of €3,400 from the client ledger of a named client to partially clear a debit balance on the ledger account of another named client, in breach of regulation 9,

5)   In the course of acting for a named client in the purchase of a property, caused or allowed an underpayment to the Revenue Commissioners of stamp duty of in or about €11,800 and possible interest and penalty,

6) Caused or allowed the misapplication of stamp duty funds in the client matter of named clients in the amount of €24,750,

7)   Caused or allowed the transfer of €8,247 from the client ledger of named clients to partially clear a debit balance on the ledger account of a named client, in breach of regulation 9,

8)   In the course of acting for named clients in the purchase of property, caused or allowed an underpayment to the Revenue Commissioners of stamp duty of in or about €24,750 and possible interest and penalty,

9)   Caused or allowed funds for wages to be transferred from the client ledger account of a named client to the office account, in breach of regulation 7, over a continued period of time from January 2010 to November 2010,

10) Caused or allowed debit balances to arise on the client’s ledger account of a named client, in breach of regulation 7(2)(a),

11) Caused or allowed the transfer of €6,001 from the client ledger of a named client to clear a debit balance on the ledger account of a named client, in breach of regulation 9,

12) Caused or allowed wages totalling in or about €2,712 to be discharged from the client account on 12 November 2010 and on 6 December 2010, in breach of regulation 7(2)(b),

13) Caused or allowed credit balances totalling €30,946 to arise on the office ledger as at 30 November 2010, in breach of regulation 10(5),

14) Caused or allowed a debit balance to arise on the ledger account of named clients, in breach of regulation 7(2)(a), which debit balance was cleared by a transfer of funds from other clients’ ledger accounts, in breach of regulation 9,

15) Caused or allowed a debit balance to arise on the ledger account of a named client, in breach of regulation 7(2)(a), which debit balance was cleared by a transfer of funds from other clients’ ledger accounts, in breach of regulation 9,

16) In the course of acting for a named client in the purchase of property, caused or allowed an updated deed to be submitted to the Revenue Commissioners for stamping,

17) On or about 25 October 2013, updated a deed and underpaid the stamp duty that would have been due correctly on the deed by €147,000.

The tribunal ordered that the matter go forward to the High Court and, on 20 July 2015, the High Court ordered that:

1)   The respondent solicitor not be permitted to practise as a sole practitioner or in partnership; that he be permitted only to practise as an assistant solicitor in the employment of and under the direct control and supervision of a solicitor of at least ten years’ standing, to be approved in advance by the Society,

2)   The respondent solicitor pay the Society the costs of the Solicitors Disciplinary Tribunal proceedings when taxed or ascertained,

3)   The respondent solicitor pay the Society the costs of the High Court proceedings when taxed or ascertained.

In the matter of Brendan MacNamara, solicitor, Mountrath Road, Portlaoise, Co Laois, and in the matter of the Solicitors Acts 1954-2011 [10447/DT131/11 and High Court record 2015 no 69 SA]

Law Society of Ireland (applicant)

Brendan MacNamara (respondent solicitor)

On 4 March 2015, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he:

1)   Permitted client ledger debit balances of €4,200 and €1,512 to arise on the client account, resulting in a deficit of €5,712, in breach of regulation 7(2),

2)   Updated a deed to 1 May 2006 instead of December 2004 and then presented the updated deed to Revenue for stamping,

3)   Received party-and-party costs in a personal injuries action but failed to pay third party outlays until after the Society’s investigation.

The tribunal ordered that the matter go forward to the High Court and, on 20 July 2015, the High Court made the following orders on consent:

1)   That the name of the respondent solicitor shall be struck from the Roll of Solicitors,

2)   That the respondent solicitor pay the whole of the applicant’s costs of the proceedings before the Solicitors Disciplinary Tribunal, to include witness expenses, with taxation in default of agreement,

3)   That the respondent solicitor pay to the applicant the costs of the High Court proceedings, to be taxed in default of agreement.