In the matter of Cindy McCarthy Yates, a solicitor previously practising as McCarthy Solicitors at 4 The Gully, Bandon, Co Cork, and in the matter of the Solicitors Acts 1954-2011 [12313/DT24/14; 12313/DT44/14; 12313/DT79/14; 12313/DT86/14; High Court record 2015 no 116 SA]

Law Society of Ireland (applicant)

Cindy McCarthy Yates (respondent solicitor)

12313/DT24/14

On 21 July 2015, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of professional misconduct in her practice as a solicitor in that she:

1)   Failed to ensure there was furnished to the Society an accountant’s report for the year ended 31 August 2012 within six months of that date, in breach of regulation 21(1) of the Solicitors Accounts Regulations 2001 (SI 421 of 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.

12313/DT44/14

On 21 July 2015, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of professional misconduct in her practice as a solicitor in that she:

1)   Failed to comply with an undertaking furnished to Bank of Ireland Mortgages in respect of her named clients and their customers and property at Co Cork, furnished on 15 July 2009, in a timely manner or at all,

2)   Failed to respond to the Society’s correspondence and, in particular, the Society’s letters of 14 May 2013, 4 June 2013, 20 June 2013, 11 July 2013, 30 July 2013, 26 September 2013, and 3 October 2013 within the time prescribed, in a timely manner, or at all,

3)   Failed to comply with the direction made by the Complaints and Client Relations Committee on 25 July 2013 that (a) she pay a €500 contribution towards the costs of the Society, and that (b) she furnish an update to the Society no later than 1 September 2013 in respect of the complaint.

12313/DT79/14

On 21 July 2015, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of professional misconduct in her practice as a solicitor in that she 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, in a timely manner or at all.

12313/DT86/14

On 21 July 2015, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of professional misconduct in her practice as a solicitor in that she:

1)   Failed to comply with an undertaking dated 10 November 2011, furnished to Bank of Ireland Mortgages in respect of her named clients and their borrowers and property at Co Cork in a timely manner or at all,

2)   Failed to attend the meeting of the Complaints and Client Relations Committee on 24 September 2013, despite being required to do so by letter dated 17 September 2013.

The tribunal, in the four matters, recommended that the matters be sent forward to the High Court and, on 2 November 2015, in proceedings 2015 no 116 SA, the High Court ordered that the name of the respondent solicitor be struck from the Roll of Solicitors.

In the matter of Cindy McCarthy Yates, a solicitor previously practising as McCarthy Solicitors at 5 The Old Market, Market Square, Bandon, Co Cork, and in the matter of the Solicitors Acts 1954-2011 [12313/DT86/13 and High Court 2014 no 83 SA]

Law Society of Ireland (applicant)

Cindy McCarthy Yates (respondent solicitor)

On 25 March 2014, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in her practice as a solicitor in that she:

1)   Failed to comply with an undertaking dated 2 February 2011 furnished to Bank of Ireland Mortgage Bank in relation to property at Co Cork and her named clients and borrowers in a timely manner or at all,

2)   Failed to respond to the Society’s correspondence and, in particular, to the Society’s emails of 1 November 2012, 2 January 2013, and 29 January 2013 in a timely manner or at all,

3)   Failed to attend the Complaints and Client Relations Committee on 7 February 2013, despite being required to do so.

The tribunal recommended that the matter be sent forward to the High Court and, on the 2 November 2015, in proceedings 2014 no 83 SA, the High Court ordered that:

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

2)   The respondent solicitor pay to the Law Society the costs of the proceedings before the disciplinary tribunal and the costs of the High Court proceedings, 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 Brian Grogan, a solicitor practising as principal in the firm of Brian Grogan & Company, Solicitors, Main Street, Lucan, Co Dublin, and in the matter of the Solicitors Acts 1954-2011 [3291/DT100/13 and High Court record 2015 no 56SA)

Named beneficiary (applicant)

Brian Grogan (respondent solicitor)

On 13 January 2015 and 3 March 2015, the Solicitors Disciplinary Tribunal sat to consider a complaint against the respondent solicitor and found him guilty of misconduct in his practice as a solicitor in that the respondent solicitor executor of the estate of a named testator was guilty of misconduct and of conflict of interest in a sale as he is a co-beneficiary.

The tribunal directed that the matter would be sent forward to the President of the High Court, and the President of the High Court, on 20 July 2015, ordered:

1)    That the respondent solicitor not be permitted to practise in the area of probate for a period of seven years,

2)    That the respondent solicitor pay the sum of €15,000 restitution to the applicant without prejudice to her legal rights,

3)    That the respondent solicitor pay the sum of €3,000 in respect of the costs of the applicant in respect of the disciplinary proceedings,

4)    That the aforementioned payments be made to the applicant by 31 July 2015.

In the matter of Brendan MacNamara, solicitor, Mountrath Road, Portlaoise, Co Laois, and in the matter of the Solicitors Acts 1954-2011 [10447/DT134/11 and High Court record 2015 no 64 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 failed to comply with a solicitor’s undertaking to Bank of Ireland dated 7 January 2007 in respect of a named client, so that the bank was left with no security in respect of an advance of €170,000 to the said client.

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.

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.

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 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.