In the matter of Kevin O’Keeffe, solicitor, formerly practising in Coakley Moloney Solicitors, 49 South Mall, Cork, and in the matter of the Solicitors Acts 1954-2011 [4536/DT16/13 and High Court record 2014 no 100 SA]

Law Society of Ireland (applicant)

Kevin O’Keeffe (respondent solicitor)

On 2 December 2013, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he:

1)   Misapplied stamp duty and outlay funds of €83,945, received in respect of a property purchase by a named client, between 6 February 2004 and 8 August 2005, giving rise to a deficit on the client account,

2)   Failed to stamp the deeds in the property purchase by a named client, despite having received stamp duty moneys in June 2003, and thereby giving rise to a potential liability to interest and penalties,

3)   Failed to disclose the above unpaid stamp duty liability in a client matter at the time of the investigation by the Law Society in September 2010 or in a timely manner thereafter,

4)   Misapplied in or about €71,195 from stamp duty moneys of a named client on or about 15 February 2006, by discharging costs in an unrelated client matter using same, giving rise to a deficit on the client account,

5)   Misapplied a further €20,000 from the stamp duty moneys of a named client on or about 9 May 2006, by making a payment in that amount to an unrelated client, giving rise to a deficit on the client account,

6)   Failed to disclose the misapplication of the above stamp duty moneys of a named client at the time of the investigation by the Law Society in September 2010 or in a timely manner thereafter,

7)   Caused a payment of €25,000 to be made to a named client in or about January 2007, when there were no funds in the client ledger to meet the payment, giving rise to a deficit on the client account of €25,000,

8)   Caused or allowed the above payment of €25,000 to be made from funds on a client ledger of which funds were the subject of an undertaking to repay bank borrowings,

9)   Caused or allowed payments of €11,000 on 10 March 2009 and €17,000 on 20 July 2009 to be wrongly made from the client account, giving rise to a deficit, in circumstances where there were no funds received in the client account in respect of these payments,

10) Between 12 June 2006 and 11 December 2007, misapplied funds totalling €3,656 from a client ledger, giving rise to a deficit on the client account,

11) Caused or allowed a payment of €50,000 from the client account on or about 8 January 2009 in respect of the estate of a named client when there were no funds in the client account for the estate,

12) Caused or allowed the above payment of €50,000 to be made from funds on the client ledger of a named client, which funds were the subject of an undertaking to a bank to satisfy a loan,

13) Misappropriated and/or failed to apply a sum of €15,000 for CAT paid by a beneficiary of the estate of a named client,

14) Caused or allowed payments of €7,500 on 13 December 2002, €5,000 on 10 July 2003, and €5,000 on 23 September 2003 to be wrongly paid from the client account, giving rise to deficits totalling €17,500 on the client account,

15) By his actions, caused a deficit on the client account of the practice of Coakley Moloney as at 16 January 2012 of in or about €153,440.

The tribunal ordered that the matter go forward to the High Court and, on 9 March 2015, the High Court ordered:

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

2)   That the respondent solicitor must never have signing rights either solely or jointly over any client account,

3)   That the respondent solicitor pay the sum of €15,000 to the compensation fund of the Law Society of Ireland,

4)   That Mr Justin McCarthy, solicitor, and Mr David Keane, solicitor, provide a bond in the sum of €100,000 to the High Court by way of a personal guarantee as to the respondent solicitor’s future conduct, as appended to the High Court order and executed on 9 March 2015,

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

6)   That the respondent pay the applicant the costs of the within proceedings, with taxation in default of agreement.

In the matter of Deirdre M Fahy, a solicitor previously practising as D Fahy & Associates, Solicitors, 69 Main Street, Blackrock, Co Dublin, and in the matter of the Solicitors Acts 1954-2011 [5471/DT137/13; DT138/13; DT139/13; DT140/13; DT141/13; DT142/13; DT191/13; DT100/14; High Court record 2015 no 124 SA]

Law Society of Ireland (applicant)

Deirdre M Fahy (respondent solicitor)

On 23 July 2015, the Solicitors Disciplinary Tribunal heard eight complaints against the above solicitor. The tribunal found the respondent solicitor guilty of misconduct in her practice as a solicitor in that she:

5471/DT137/13

1)   Failed to comply with an undertaking dated 18 February 2008, furnished to IIB Homeloans (now KBC Bank) in respect of her named client and borrower and two properties, one at Athlone, Co Westmeath, and at New Ross, Wexford, in a timely manner or at all,

2)   Failed to respond to the Society’s correspondence and, in particular, the Society’s letters of 20 March 2012, 12 April 2012 and 16 May 2012 in a timely manner or at all,

3)   Failed to comply with the direction of the Complaints and Client Relations Committee made at its meeting on 26 June 2012 and communicated to the solicitor on 29 June 2012 within the time specified or at all,

4)   Failed to comply with a further direction of the committee made at its meeting on 4 September 2012 and communicated to the solicitor on 10 September 2012 within the time specified or at all.

5471/DT138/13

1)   Failed to comply with an undertaking furnished to the complainants on 7 November 2008 in respect of her named client and property in Tallaght, Dublin 24, in a timely manner,

2)   Failed to respond to the Society’s letters and, in particular, the Society’s letters of 25 June 2012, 25 July 2012 and 10 September 2012 in a timely manner, within the time specified in the letter, or at all,

3)   Failed to comply with the direction of the committee made at its meeting on 4 September 2012 and communicated to her by letter dated 10 September 2012 within the time specified by the committee or at all.

5471/DT139/13

1)   Failed to comply with two undertakings, one dated 13 July 2005 and one dated 3 July 2007, both in respect of her named borrower and property at Ongar, Dublin 15, furnished to ICS Building Society, in a timely manner or at all,

2)   Failed to respond to the Society’s correspondence and, in particular, the Society’s letters of 22 December 2010, 25 January 2011, 7 March 2011, 22 March 2011, 9 May 2011, 20 July 2011, 4 August 2011, 30 August 2011, 13 September 2011, 1 November 2011, 14 November 2011, 12 December 2011, 9 January 2012, 7 February 2012, 27 March 2012, 24 April 2012 and 17 May 2012 in a timely manner or at all,

3)   Failed to comply with the directions of the Complaints and Client Relations Committee made at its meeting on 26 June 2012 and communicated to the solicitor on 29 June 2012 within the time specified or at all,

4)   Failed to comply with a further direction of the committee made at its meeting on 4 September 2012 and communicated to the solicitor on 10 September 2012 within the time specified or at all.

5471/DT140/13

1)   Failed to comply with an undertaking furnished to the complainants on 10 August 2009 in respect of her named client and property at Donabate, Co Dublin, in a timely manner or at all,

2)   Failed to respond to the Society’s correspondence and, in particular, the Society’s letters of 25 June 2012, 26 July 2012, 16 August 2012, 26 September 2012 and 22 October 2012 in a timely manner, within the time specified in the letter, or at all,

3)   Failed to comply with the direction of the committee made at its meeting on 4 September 2012 and communicated to her by letter dated 10 September 2012 within the time specified by the committee or at all,

4)   Failed to comply with a further direction of the committee made at its meeting on 16 October 2012 and communicated to her on 22 October 2012 in a timely manner or at all.

5471/DT141/13

1)   Failed to comply with an undertaking furnished to the complainants on 28 March 2006 in respect of her named client, the borrower, and property at Lucan, Co Dublin, in a timely manner or at all,

2)   Failed to respond to the Society’s correspondence and, in particular, to the Society’s letters of 22 June 2012, 26 July 2012, 16 August 2012, 10 September 2012, 2 October 2012 and 22 October 2012 in a timely manner, within the time specified in the letter, or at all,

3)   Failed to comply with the direction of the committee made at its meeting on 4 September 2012 and communicated to her by letters dated 10 September 2012 and 2 October 2012 within the time specified by the committee or at all,

4)   Failed to comply with a further direction of the committee made at its meeting on 16 October 2012 and communicated to her on 22 October 2012 in a timely manner or at all.

5471/DT142/13

1)   Failed to comply with an undertaking dated 20 July 2007 furnished to IIB Homeloans (now KBC Bank) in respect of her named clients and borrowers and property at Lucan, Co Dublin, in a timely manner,

2)   Failed to respond to the Society’s correspondence and, in particular, the Society’s letters of 20 March 2012, 12 April 2012, and 16 May 2012 in a timely manner or at all,

3)   Failed to comply with the direction of the committee made at its meeting on 26 June 2012 and communicated to the solicitor on 29 June 2012 within the time specified or at all,

4)   Failed to comply with a further direction of the committee made at its meeting on 4 September 2012 and communicated to the solicitor on 10 September 2012 within the time specified or at all.

5471/DT191/13

1)   Failed to ensure there was furnished to the Society a closing accountant’s report, as required by regulation 26(2) of the Solicitors Accounts Regulations 2001 (SI 421 of 2001) in a timely manner or at all, having ceased practice on 30 November 2012,

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.

5471/DT100/14

Failed to comply with an undertaking furnished to Bank of Ireland Mortgages on 30 May 2012 in respect of her named clients and borrowers and property in Dublin 12 in a timely manner or at all.

The tribunal, having heard the eight complaints and made those findings of misconduct, referred the matter to the President of the High Court and, in proceedings entitled 2015 no 124 SA on 1 February 2016, the High Court made an order that:

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

2)   The respondent solicitor pay the whole of the costs of the Law Society, to be taxed by a taxing master of the High Court in default of agreement.

In the matter of Elizabeth McGrath, a former solicitor previously practising as O’Connell McGrath Solicitors at 5 Athlunkard Street, Limerick, and in the matter of the Solicitors Acts 1954-2011 [11016/DT21/14; 11016/DT62/14; High Court record 2015 no 216 SA]

Law Society of Ireland (applicant)

Elizabeth McGrath (respondent solicitor)

On 16 April 2015, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in her practice as a solicitor in that she:

11016/DT21/14

1)   Failed to comply with an undertaking dated 16 July 2009 furnished to EBS Building Society in respect of her named clients and property in Co Limerick 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 April 2012 and 2 May 2012 in a timely manner or at all,

3)   Failed to comply with the direction of the Complaints and Client Relations Committee made at its meeting on 12 June 2012 that she make a contribution of €300 towards the costs incurred by the Society as a consequence of her failure to respond to the Society,

4)   Failed to comply with the direction of the Complaints and Client Relations Committee, made at its meeting of 26 July 2012, that she comply with the section 10 notice and that she pay a further sum of €150 in respect of her failure to respond to the Society’s correspondence.

11016/DT62/14

1)   Notwithstanding the fact that she had a second signatory on the client account, allowed a deficit of €16,447.01 to be in existence on her client account as of 30 June 2013, due to client ledger debit balances, in breach of regulation 7(2) of the Solicitors Accounts Regulations,

2)   Notwithstanding the fact that she had a second signatory on the client account, allowed a further deficit of €36,861.76 to be in existence as of 30 September 2013,

3)   Failed to keep proper books of account on a regular basis, allowing same to have been approximately nine months in arrears prior to the investigation of her practice, in breach of regulation 12 of the Solicitors Accounts Regulations,

4)   Allowed debit balances to arise as of 31 December 2012 of €9,997, in breach of regulation 7(2) of the Solicitors Accounts Regulations, and failed to have all cleared, notwithstanding the fact that her reporting accountant stated that the deficit had been cleared in full,

5)   Paid part of the premium due for her professional indemnity insurance from the client account on 24 May 2013,

6)   Made round sum transfers of costs totalling €16,500 from the client account to the office account without supporting documentation.

On 25 January 2016, the High Court declared that the respondent is not a fit person to be a member of the solicitors’ profession, having regard to the adjudication made by the Solicitors Disciplinary Tribunal on 16 April 2015 in respect of the complaints then before the tribunal, and ordered that the respondent do pay to the Society the whole of the costs of the proceedings, to be taxed in default of agreement.

The respondent solicitor had previously been struck off the Roll of Solicitors by the High Court on 28 April 2014.

In the matter of Eoin M Dee, a solicitor previously practising as Eoin Dee, Solicitors, Thomas House, 47 Thomas Street, Waterford, and in the matter of the Solicitors Acts 1954-2011 [8243/DT05/15 and High Court record 2015 no 214 SA]

Law Society of Ireland (applicant)

Eoin M Dee (respondent solicitor)

On 29 October 2015, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of professional misconduct in his practice as a solicitor in that he failed to ensure there was furnished to the Society a closing accountant’s report, as required by regulation 26(2) of the Solicitors Accounts Regulations 2001 (SI 421 of 2001), in a timely manner or at all, having ceased practice on 31 January 2014.

The tribunal ordered that the matter go forward to the High Court and, on 18 January 2016, the High Court ordered that:

1)   The respondent solicitor be suspended from practising as a solicitor until such time as he files his closing accountant’s report with the Society,

2)   The respondent solicitor pay the whole of the costs of the Society before the Solicitors Disciplinary Tribunal and the High Court, to be taxed in default of agreement.

In the matter of Aine Feeney McTigue, a solicitor previously practising as Feeney Solicitors, First Floor, Lismoyle House, Merchants Road, Galway and in the matter of the Solicitors Acts 1954-2011 [10123/DT23/13 and High Court record 2015 no 173 SA]

Law Society of Ireland (applicant)

Aine Feeney McTigue (respondent solicitor)

On 8 October 2015, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in that she:

1)   Allowed debit balances totalling €3,092 to occur on nine client ledger accounts at her accounting date of 31 September 2011,

2)   Allowed a minimum deficit of €48,678.18 on the client account as of 30 September 2011, subsequently adjusted to €33,297.78, in breach of the Solicitors Accounts Regulations,

3)   Permitted unauthorised transfers between unrelated accounts to temporarily clear debit balances,

4)   Took costs from deposits received in a number of conveyancing transactions,

5)   Failed to pay stamp duty that had been discharged and paid by the client and instead used same to pay costs,

6)   Failed to ensure that a client bank account was correctly designated,

7)   Failed to ensure that adequate narrative was written on cheques paid to banks or financial institutions.

The tribunal referred the matter forward to the High Court and, on 7 December 2015, the High Court ordered that:

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

2)   The Society recover the costs of the proceedings in the High Court and the tribunal, to be taxed by in default of agreement.

In the matter of Thomas G Myles, a solicitor formerly practising as Myles & Co, Solicitors, 21 Hillside, Monaghan, Co Monaghan, and in the matter of the Solicitors Acts 1954-2011 [4961/DT110/14 and High Court record 2015 no 80 SA]

Law Society of Ireland (applicant)

Thomas G Myles (respondent solicitor)

On 18 June 2015, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he:

1)   Failed to comply expeditiously, within a reasonable time, or at all with an undertaking dated 6 January 2004, given by him on behalf of named clients to the complainant financial institution for a property at Co Monaghan,

2)   Failed to reply adequately or at all to the complainant’s correspondence and, in particular, letters dated 4 April 2006, 3 July 2006, 2 July 2008, 11 January 2010, 2 February 2010, 4 May 2010, 16 June 2010, 4 March 2011, 24 March 2011, 8 April 2011, and 17 April 2012 respectively,

3)   Failed to reply adequately or at all to the Society’s correspondence, in particular, letters dated 12 November 2013, 17 December 2013, 13 January 2014, and 5 August 2014 respectively,

4)   Failed to comply expeditiously, within a reasonable time, or at all with an undertaking dated 21 December 2005, given by him to the complainant on behalf of a named client over property at Co Cavan,

5)   Failed to reply adequately or at all to the complainant’s letters dated 9 January 2006, 18 April 2006, 23 May 2007, 20 June 2008, 19 May 2009, 2 February 2010, 24 May 2010, 16 June 2010, 25 June 2010, 13 October 2010, 8 April 2011, 20 September 2011, 17 April 2012, and 29 November 2012 respectively.

The tribunal ordered that the matter go forward to the High Court and, on 23 November 2015, 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 whole of the Society’s costs and witness expenses in the Solicitors Disciplinary Tribunal proceedings, with taxation in default of agreement,

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

In the matter of Thomas G Myles, a solicitor formerly practising as Myles & Co, Solicitors, 21 Hillside, Monaghan, Co Monaghan, and in the matter of the Solicitors Acts 1954-2011 [4961/DT106/14 and High Court record 2015 no 81 SA]

Law Society of Ireland (applicant)

Thomas G Myles (respondent solicitor)

On 18 June 2015, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he failed to honour an undertaking, dated 30 November 2009, given by him to the complainant to discharge his fees of €5,992.21 for the proceeds of costs to be received in a named case expeditiously, within a reasonable time, or at all.

The tribunal ordered that the matter go forward to the High Court and, on 23 November 2015, 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 whole of the Society’s costs and witness expenses in the Solicitors Disciplinary Tribunal proceedings, with taxation in default of agreement,

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

In the matter of Thomas G Myles, a solicitor formerly practising as Myles & Co, Solicitors, 21 Hillside, Monaghan, Co Monaghan, and in the matter of the Solicitors Acts 1954-2011 [4961/DT192/13 and High Court record 2015 no 62 SA]

Law Society of Ireland (applicant)

Thomas G Myles (respondent solicitor)

On 14 April 2015, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he:

1)   Failed to ensure that there was furnished to the Society a closing accountant’s report, as required by regulation 26(2) of the regulations, in a timely manner or at all,

2)   Through his conduct, showed disregard for his 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.

The tribunal ordered that the matter go forward to the High Court and, on 23 November 2015, 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 whole of the Society’s costs and witness expenses in the Solicitors Disciplinary Tribunal proceedings, with taxation in default of agreement,

3)   The respondent solicitor pay to the Society the costs of the High Court proceedings, 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/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.