In the matter of Alexander M Gibbons, a solicitor previously practising as Gibbons & Company, Solicitors, Riverside, Kent Street, Clonakilty, Co Cork, and in the matter of the Solicitors Acts 1954-2011 [5839/DT56/12 and High Court record no 2013 no 57SA]

Law Society of Ireland (applicant)

Alexander M Gibbons (respondent solicitor)

On 27 November 2012, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he:

a)     Attempted to mislead the Society by sending letters to the Society on 30 May 2011 and 28 July 2011 purporting to be from a named assistant solicitor in the practice, when these letters emanated from the solicitor himself,

b)     Failed to respond to the Society’s correspondence, and in particular the Society’s letters of 17 December 2010 and 3 March 2011, in a timely manner or at all,

c)     Failed to comply with the direction of the Complaints and Client Relations Committee made at its meeting of 2 June 2011 that the solicitor make a contribution of €500 towards the costs incurred by the Society in dealing with this matter.

The tribunal ordered that the matters go forward to the President of the High Court and, on 24 June 2013, the President of the High Court made the following order:

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

b)     That the respondent solicitor do pay to the Society the costs of the proceedings before the High Court and the costs of the proceedings before the Solicitors Disciplinary Tribunal, to include all witness expenses to be taxed in default of agreement.

In the matter of Brian Johnston, a solicitor, formerly practising as Brian Johnston & Co, Solicitors, 79 Park Street, Dundalk, Co Louth, and in the matter of the Solicitors Acts 1954-2008 [6927/DT95/11 and High Court record 2013 no 60SA]

Law Society of Ireland (applicant)

Brian Johnston (respondent solicitor)

On 11 April 2013, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he:

1)   Failed to comply within a reasonable time or at all with an undertaking given by him dated 31 January 2006, whereby he undertook to procure a deed of partial discharge,

2)   Failed to reply adequately or at all to the complainant’s correspondence and, in particular, letters dated 18 May 2009, 21 July 2009, 13 August 2009, 14 May 2010 and 1 October 2010.

The tribunal ordered that the matters go forward to the High Court and, on 10 June 2013, the High Court made the following orders:

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

2)   That the respondent solicitor do pay the Society the costs of the Solicitors Disciplinary Tribunal, to include witness expenses, to be taxed in default of agreement,

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

In the matter of Patrick Aidan Crowley, a solicitor previously practising as a partner in the firm of Egan Daughter & Company, Solicitors, Church Street, Castlebar, Co Mayo, and in the matter of the Solicitors Acts 1954-2008 [6598/DT03/12 and High Court record no 2013 no 45 SA]

On 14 February 2013, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he:

a)    Allowed a shortfall of €521,924 in the client account as of 31 May 2010, as set out in the investigation report of 1 September 2010, in breach of the Solicitors’ Accounts Regulations,

b)     Allowed a shortfall in respect of the estate of a named person, as detailed in paragraph 2.4 of the report of 26 July 2010, in at least the sum of €3,038.00,

c)    Made deductions from a settlement cheque of a named client without her written authority and without providing a section 68(6) bill,

d)    Made a payment to a client in advance of €46,024 when no funds were available in the office account in respect of that client, thereby causing a debit balance,

e)     Withdrew €518,380 from a named estate over a period of about seven years, in breach of the regulations, without issuing bills of costs to the clients,

f)     Misappropriated €35,000 from another named estate on 22 July 2010 by withdrawing this amount from the executor’s account and purchasing a bank draft payable to another client whose personal injuries claim had become statute barred,

g)     As detailed in paragraph 4.8 of the investigation report of 11 April 2011, made lodgements of approximately €454,000 to his personal bank account over a period of years, and the lodgements included a substantial amount of unrecorded fees, including legal aid cheques and other unidentified amounts, and he paid a personal injury settlement from this account,

h)    Dealt with some of the assets of a named estate without disclosing the assets to the Revenue or to the Probate Office of the High Court,

i)      Failed to inform a named person of his possible entitlement in a named estate,

j)      Incorrectly dealt with the moveable assets of a named estate without the authority of the appropriate court,

k)     By his acts/omissions, the solicitor contributed to a named person becoming the sole beneficiary to the proceeds of a named estate and to depriving two named individuals of their possible entitlements,

l)      Made misleading statements to the Revenue and produced misleading documents to the Probate Office,

m)    Maintained an executor’s account for a named estate but failed to record transactions on the executor’s account in the books of account of the practice.

The tribunal referred the matter to the President of the High Court and, on 15 April 2013, the High Court made an order:

a)    Striking the name of the respondent solicitor from the Roll of Solicitors,

b)    The costs of the proceedings before the tribunal and the costs of the High Court proceedings to be taxed by a taxing master of the High Court in default of agreement.

In the matter of Brian Johnston, a solicitor formerly practising as Brian Johnston & Co, Solicitors, 79 Park Street, Dundalk, Co Louth, and in the matter of the Solicitors Acts 1954-2008 [6927/DT95/11 and High Court record no 2013/60 SA]

Law Society of Ireland (applicant)

Brian Johnston (respondent solicitor)

On 11 April 2013, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he:

a)     Failed to comply within a reasonable time or at all with an undertaking given by him dated 31 January 2006, whereby he undertook to procure a deed of partial discharge,

b)     Failed to reply adequately or at all to the complainant’s correspondence and, in particular, letters dated 18 May 2009, 21 July 2009, 13 August 2009, 14 May 2010 and 1 October 2010. 

The tribunal ordered that the matters go forward to the High Court and, on 10 June 2013, Mr Justice O’Neill made the following orders:

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

b)     That the respondent solicitor do pay the Society the costs of the Solicitors Disciplinary Tribunal to include witness expenses, to be taxed in default of agreement,

c)     That the respondent solicitor do pay to the Society the costs of the High Court proceedings, to be taxed in default of agreement.

In the matter of Patrick McCarthy, solicitor, formerly practising as McCarthy & Co, Second Floor, Building 1000, City Gate, Mahon, Cork, and in the matter of the Solicitors Acts 1954-2011 [7748/DT131/10 and High Court record no 2013/39 SA]

Law Society of Ireland (applicant)

Patrick McCarthy (respondent solicitor)

On 27 January 2011, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he:

a)     Failed to comply with his solicitor’s undertaking to a lending institution, dated 3 December 2007, up to the date of the swearing of the Society’s affidavit,

b)     Failed to reply to correspondence from the lending institution,

c)     Failed to reply to correspondence from the Society,

d)     Failed to attend meetings of the Complaints and Client Relations Committee,

e)     Misled the Society in representing to the Society that documents had been sent to the Property Registration Authority when they had not,

f)      Failed to discharge the contribution towards the costs of the investigation of the complaint of €550, as directed by the Complaints and Client Relations Committee, up to the date of the swearing of the Society’s affidavit.

The tribunal ordered that the matter go forward to the High Court with the recommendation that:

a)     The respondent solicitor not be permitted to practise as a sole practitioner or in a partnership, that he be permitted only to practise 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,

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

The President of the High Court, on 8 April 2013, made the following orders:

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

b)     That the Society do recover the costs of the proceedings before the High Court and the costs of the proceedings before the Solicitors Disciplinary Tribunal as against the respondent solicitor, to be taxed in default of agreement.

In the matter of Patrick McCarthy, solicitor, formerly practising as McCarthy & Co, Second Floor, Building 1000, City Gate, Mahon, Cork, and in the matter of the Solicitors Acts 1954-2011 [7748/DT144/11 and High Court record no 2013/40 SA]

Law Society of Ireland (applicant)

Patrick McCarthy (respondent solicitor)

On 5 July 2012, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he:

a)     Breached regulation 12(1) by failing at all times to maintain proper books of account,

b)     Breached regulation 12(2)(a) by failing to maintain books of account that showed the true financial position in relation to his transactions with clients’ moneys,

c)     Breached regulation 7(2)(a) by allowing debit balance to arise on client ledgers in circumstances other than permitted by this subsection,

d)     Failed to attend a meeting of the Regulation of Practice Committee on 21 May 2009, despite being required to so attend,

e)     Allowed an estimated overall deficit to arise on the client account of €58,771, as of 30 April 2009,

f)      Failed to stamp deeds on time, incurring substantial interest and penalties on late stamping of deeds in question,

g)     Transferred stamp duty funds to his office account from the client account, ostensibly as fees,

h)     Failed to discharge third-party liabilities in two matters, amounting to €32,074,

i)      Used €3,090 of the monies for third-party liabilities referred to above to pay legal costs drawers’ fees.

The tribunal ordered that the matter go forward to the High Court, and the President of the High Court, on 8 April 2013, made the following orders:

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

b)     That the Society do recover the costs of the proceedings before the High Court and the costs of the proceedings before the Solicitors Disciplinary Tribunal as against the respondent solicitor, to be taxed in default of agreement.

In the matter of Patrick McCarthy, solicitor, formerly practising as McCarthy & Co, Second Floor, Building 1000, City Gate, Mahon, Cork, and in the matter of the Solicitors Acts 1954-2011 [7748/DT120/11 and High Court record no 2013/41 SA]

Law Society of Ireland (applicant)

Patrick McCarthy (respondent solicitor)

On 5 July 2012, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he:

a)     Failed to stamp and register a deed of conveyance in a timely manner or at all,

b)     Severely prejudiced his clients by allowing interest and penalties to accrue in relation to the non-stamping of the deed,

c)     Misled his clients,

d)     Misled his clients’ new solicitor,

e)     Failed to reply to correspondence from the Society,

f)      Failed to attend a meeting of the Complaints and Client Relations Committee when required to do so.

The tribunal ordered that the matter go forward to the High Court, and the President of the High Court, on 8 April 2013, made the following orders:

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

b)     That the Society do recover the costs of the proceedings before the High Court and the costs of the proceedings before the Solicitors Disciplinary Tribunal as against the respondent solicitor, to be taxed in default of agreement.

In the matter of Brian Johnston, a solicitor formerly practising as Brian Johnston & Co, Solicitors, 79 Park Street, Dundalk, Co Louth and in the matter of the Solicitors Acts 1954-2008 [6927/DT113/10; 6927/DT114/10; 6927/DT117/10 and High Court record no 2013/9 SA]

Law Society of Ireland (applicant)

Brian Johnston (respondent solicitor)

On 31 July 2012, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he:

a)     6927/DT113/10 – failed to reply adequately or at all to correspondence from the Society and, in particular, letters dated 29 May 2009, 5 August 2009, 25 September 2009, 28 October 2009, 9 February 2010 and 2 March 2010,

b)     6927/DT114/10 – failed to reply adequately or at all to correspondence from the Society and, in particular, letters dated 29 May 2009, 5 August 2009, 25 September 2009, 28 October 2009, 9 February 2010 and 2 March 2010,

c)     6927/DT117/10 – failed to reply adequately or at all to correspondence from the Society and, in particular, letters dated 29 May 2009, 5 August 2009, 25 September 2009, 9 February 2010 and 2 March 2010.

The tribunal ordered that the matters go forward to the High Court, and the President of the High Court, on 18 February 2013, made the following orders:

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

2)     That the respondent solicitor do pay the Society the costs of the Solicitors Disciplinary Tribunal in each of the three applications, to be taxed in default of agreement,

3)     That the Society do recover the costs of the High Court proceedings against the respondent solicitor, to be taxed in default of agreement.

In the matter of Padraig J Butler, solicitor, formerly practising as Butler Solicitors at 10 Lower Patrick Street, Kilkenny, and in the matter of the Solicitors Acts 1954-2008 [2908/DT121/11 and 2908/DT104/12]

Law Society of Ireland (applicant)

Padraig J Butler (respondent solicitor)

On 18 October 2012, the Solicitors Disciplinary Tribunal found the respondent solicitor guilty of misconduct in his practice as a solicitor in that he:

a)     Misappropriated substantial client monies, and

b)     Failed to comply with one or more of the undertakings given by him to furnish discharge of charges in favour of a named financial institution, in respect of the properties identified in the schedule to the affidavit sworn on behalf of the Society on 31 May 2012.

The tribunal recommended that:

a)     The respondent solicitor was not a fit person to be a member of the solicitors’ profession,

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

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

On 28 January 2013, the President of the High Court ordered:

a)     That the name of the respondent solicitor be struck off the Roll of Solicitors,

b)     That the respondent solicitor do pay the Society the costs of the proceedings before the High Court and the costs of the proceedings before the Solicitors Disciplinary Tribunal, to be taxed in default of agreement.

In the matter of Seamus P McConnell, solicitor, of Tullamore, Co Offaly, and in the matter of the Solicitors Acts 1954-2008 [6626/DT83/11, 6626/DT84/11 and High Court record 2012 no 87SA]

Law Society of Ireland (applicant)

Seamus P McConnell (respondent solicitor)

6626/DT83/11

On 7 June 2012, 3 July 2012 and 9 October 2012, the Solicitors Disciplinary Tribunal sat to consider a complaint against the respondent solicitor and found that he was guilty of misconduct in his practice as a solicitor in that he:

1)   Failed to register his client’s title to a property at Lehenaghmore, Co Cork, in an identified folio in a timely manner or at all, having purchased same in 2001,

2)   Failed to respond to the Society’s correspondence dated 7 January 2011, 10 May 2011, and 10 June 2011 in a timely manner or at all.

6626/DT84/11

On 7 June 2012, 3 July 2012 and 9 October 2012, the Solicitors Disciplinary Tribunal sat to consider a complaint against the respondent solicitor and found that he was guilty of misconduct in his practice as a solicitor in that he:

1)   Failed to comply with an undertaking dated 21 April 2005 in connection with a property in Lehenaghmore, Co Cork, furnished to Bank of Ireland Mortgages, in a timely manner or at all,

2)   Failed to respond to the Society’s correspondence and, in particular, the Society’s letters of 17 December 2010, 5 May 2011, and 10 June 2011 in a timely manner or at all,

3)   Misled the Society in a letter dated 11 February 2011, indicating that the registration was pending and a full update would be furnished to the bank within seven days, when this was not the case.

The tribunal, having heard the two matters, directed that the Society bring the matters before the President of the High Court and, on 28 January 2013, the President of the High Court ordered:

1)   That the respondent solicitor should not be permitted to practise as a sole practitioner or in partnership without the leave of the Society, that he be permitted only to practise 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 do pay to the Society the costs of the Solicitors Disciplinary Tribunal and of the proceedings in the High Court, to be taxed in default of agreement.